MYERS v. BULK TRANSPORT, INC.

No. 27432 Summary Calendar.

415 F.2d 797 (1969)

Jim F. MYERS, Plaintiff-Appellee, v. BULK TRANSPORT, INC., et al., Defendants-Appellants.

United States Court of Appeals Fifth Circuit.

September 11, 1969.


Attorney(s) appearing for the Case

D. Gary Sutherland, Hattiesburg, Miss., for appellants.

James K. Dukes, Holmes & Dukes, Heidelberg, Sutherland & McKenzie, Paul Holmes, Hattiesburg, Miss., for appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.


GODBOLD, Circuit Judge:

Plaintiff's pickup truck was struck from the rear by defendants' tractor-trailer rig, the driver of which had gone to sleep at the wheel. Before plaintiff's truck came to rest the rig collided with it a second time.

Plaintiff suffered injury to his neck and back. He sued and the jury returned a verdict for $40,000. Defendants moved for a judgment n. o. v. and a new trial. The trial court denied the former but granted the latter unless...

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