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MOSS v. ASSOCIATED TRANSPORT, INC.

No. 15634.

344 F.2d 23 (1965)

Willis Johnson MOSS, Plaintiff-Appellant, v. ASSOCIATED TRANSPORT, INC., Defendant-Appellee, v. C. L. YOUNG, Howard Hogsed, Hiawassee Feed Store, Inc., and Young's Egg Service, Inc., Third-Party Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

April 6, 1965.

Attorney(s) appearing for the Case

Marvin B. Berke, Chattanooga, Tenn. (Berke & Berke, Chattanooga, Tenn., and Mayfield & Mayfield, Cleveland, Tenn., on the brief), for Willis Johnson Moss.

Alvin O. Moore, Chattanooga, Tenn. (Silas Williams, Jr., E. Blake Moore, Chattanooga, Tenn., on the brief; Spears, Moore, Rebman & Williams, Chattanooga, Tenn., of counsel), for Associated Transport, Inc.

Louis C. Harris, Chattanooga, Tenn. (Moon, Harris & Dineen, Chattanooga, Tenn., on the brief), for C. L. Young, and others.

Before WEICK, Chief Judge, and O'SULLIVAN and PHILLIPS, Circuit Judges.

O'SULLIVAN, Circuit Judge.

The question for decision is whether in the jury trial of four consolidated diversity actions involving conflicting claims for death, personal injury and property damage arising out of a highway collision between two tractor-trailer combinations, the District Judge committed reversible error in separating the issues of liability for trial prior to the issues of damages. Separation of issues is authorized by Rule 42(b) F.R.Civ.P. which provides...

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