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HOYT v. WOOD/CHUCK CHIPPER CORP.

No. CA 92 1498R.

651 So.2d 1344 (1995)

Mike Wayne HOYT, et al. v. WOOD/CHUCK CHIPPER CORP., et al.

Court of Appeal of Louisiana, First Circuit.

Dissenting Opinion February 2, 1995.

Rehearing Denied February 23, 1995.

Attorney(s) appearing for the Case

John P. Wolff, III, Baton Rouge, for defendant/first appellant, Margot, Inc.

J. Peyton Parker, Jr., Baton Rouge, for plaintiff/second appellant, Mike Wayne Hoyt.

Deborah P. Gibbs, Baton Rouge, for plaintiffs Mike and Leona Hoyt.

Jeffery F. Speer, Frank Flynn, Lafayette, for intervenors/3rd appellants, Intern. Tree Co. and Houston General Ins. Co.

David T. Butler, Jr., Baton Rouge, for defendant/appellee, Goforth Industries.

William Schuette, Baton Rouge, for defendant/appellee, Wood/Chuck Chipper.

Felix Weill, Baton Rouge, for defendant/appellee, Perkins Engine, Inc.

Before CARTER, GONZALES, WHIPPLE, FOGG and PARRO, JJ.

WHIPPLE, Judge.

This case is before us on remand from the Supreme Court. For the following reasons, we reverse the trial court's granting of judgment notwithstanding the verdict on the issue of liability and affirm the jury's verdict on the issue of damages.

FACTS AND PROCEDURAL HISTORY

On January 26, 1989, plaintiff, Mike Wayne Hoyt, was seriously injured while changing the blades on a woodchipper owned by his employer, Myron J. "Jim" Luck, d/b...

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