Kliner v. Weirton Steel Co.
United States District Court for the Northern District of Ohio
381 F. Supp. 275 (1974)
- Written by Steven Pacht, JD
Facts
Ohio resident William Kliner worked at a West Virginia construction site for Weirton Steel Company (Weirton) (defendant) for approximately 18 months before Kliner was killed by an explosion at the plant. The administratrix of Kliner’s estate (administratrix) (plaintiff) brought wrongful-death and negligence claims against Weirton in federal court in Ohio pursuant to the court’s diversity jurisdiction. As an affirmative defense, Weirton asserted that West Virginia law governed the administratrix’s claims and that West Virginia law provided that the maximum recoverable damages for wrongful death was $110,000. The administratrix moved to strike Weirton’s defense on the ground that Ohio law governed the case.
Rule of Law
Issue
Holding and Reasoning (Contie, J.)
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