EARL v. BOUCHARD TRANSP. CO., INC.

Nos. 33, 93, Dockets 90-7234, 90-7256.

917 F.2d 1320 (1990)

James C. EARL, Plaintiff-Appellee/Cross-Appellant, v. BOUCHARD TRANSPORTATION CO., INC., and Tug Marion C. Bouchard Corp., Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 2, 1990.


Attorney(s) appearing for the Case

Paul C. Matthews, New York City, for plaintiff-appellee/cross-appellant.

Mark F. Muller, Freehill, Hogan & Mohar, New York City, for defendants-appellants/cross-appellees.

Before FEINBERG and CARDAMONE, Circuit Judges, and CABRANES, District Judge.


JOSÉ A. CABRANES, District Judge:

In broad terms, this case presents six primary questions. First, did the district court's charge to the jury regarding contributory negligence constitute reversible error? Second, was it error for the district court to charge the jury that plaintiff could recover for pain and suffering and loss of life's pleasures? Third, did the district court abuse its discretion in not unconditionally ordering a new trial? Fourth, did...

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