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WOMBLE v. J.C. PENNEY COMPANY

No. 19927.

431 F.2d 985 (1970)

Carl C. WOMBLE, Plaintiff-Appellee, v. J.C. PENNEY COMPANY, Inc., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

September 15, 1970.

Attorney(s) appearing for the Case

Paul Campbell, Jr., Chattanooga, Tenn., for defendant-appellant; Campbell & Campbell, Chattanooga, Tenn., on brief.

U.L. McDonald, Chattanooga, Tenn., for plaintiff-appellee; Duggan & McDonald, Chattanooga, Tenn., on brief.

Before WEICK, PECK and BROOKS, Circuit Judges.

JOHN W. PECK, Circuit Judge.

This is a personal injury case wherein the jury returned a verdict of $50,000 for appellee. Appellee was a painter employed by Robertson & Sons Painting Contractors, and was working in the new J.C. Penney store that was being constructed in Chattanooga, Tennessee, at the time of his injury. Appellant had contracted with Robertson & Sons to paint and do other related work at its store.

On May 27, 1965, appellee reported...

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