Thomas Gray, Jr. v. Zurich American Insurance Co. ( 2018 )

Case: 18-60046 Document: 00514564135 Page: 1 Date Filed: 07/20/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 18-60046 FILED
Summary Calendar July 20, 2018
Lyle W. Cayce
Clerk
THOMAS E. GRAY, JR.,
Plaintiff - Appellant
v.
ZURICH AMERICAN INSURANCE COMPANY,
Defendant - Appellee
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 2:17-CV-34
Before REAVLEY, GRAVES, and HO, Circuit Judges.
PER CURIAM:*
The judgment of the district court is affirmed for the reasons given by
that court. Appellant insists that the Mississippi Supreme Court opinion in
Allen v. Banks, 384 So. 2d 63 (1980) supports intoxication as the negligence of
liability, but that opinion makes it clear that causation is a different matter.
The gap in the appellant’s case here is that no evidence would support a
proximate cause of causation for this case’s path.
AFFIRMED.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.