BRIGHTHEART v. McKAY

No. 21813.

420 F.2d 242 (1969)

Willie G. BRIGHTHEART, Appellant, v. Ted McKAY et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided April 9, 1969.

Petition for Rehearing Denied May 14, 1969.


Attorney(s) appearing for the Case

Mr. M. Michael Cramer, Washington, D. C., with whom Mr. H. Thomas Sisk, Washington, D. C., was on the brief, for appellant.

Mr. Donald J. Caulfield, Brentwood, Md., with whom Mr. Bond L. Holford, Brentwood, Md., was on the brief, for appellees.

Before BAZELON, Chief Judge, WRIGHT and LEVENTHAL, Circuit Judges.


LEVENTHAL, Circuit Judge:

Appellant Brightheart was a passenger in a car driven by Melvin Smith, and suffered injuries when appellee McKay turned his car into their path. He brought an action in the District Court against both Smith and McKay. The jury absolved Smith but returned a verdict against McKay in the amount of $50,000, which was reduced to $30,000 on remittitur.

The defendants had filed cross-claims against one another, in addition to each denying...

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