Byrd v. Blue Ridge Rural Electric Cooperative

Byrd v. Blue Ridge Rural Electric Cooperative - Civil...

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Unformatted text preview: Civil Procedure 11/6/08 Erie Doctrine Byrd v. Blue Ridge Rural Electric Cooperative (1958) Facts : plaintiff was injured while working on a construction job for defendant. He sued in tort. Defendant claimed that, although plaintiff was working for an independent contractor, he was doing the same work as defendant’s regular employees, and therefore was a “statutory” employee whose excusive remedy was under the SC Workmen’s Compensation Act. If the worker were covered by workers’ compensation, he couldn’t bring a tort action. Defendant claimed that the issue of immunity should be decided by the judge and not the jury. Defendant : Adams v. Davison-Paxon Co. (SC Supreme Court) says the issue of immunity should be decided by the judge in SC. Thus, the federal court must follow this rule to secure uniform enforcement of the immunity created by the State. Procedure : trial court ruled for defendant that the judge should decide the issue of immunity....
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This note was uploaded on 04/10/2011 for the course LAW 503 taught by Professor Hoffheimer during the Fall '08 term at Ole Miss.

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Byrd v. Blue Ridge Rural Electric Cooperative - Civil...

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