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WYLY v. BURLINGTON INDUSTRIES, INC.

No. 71-2120 Summary Calendar.

452 F.2d 807 (1971)

James W. WYLY, Plaintiff-Appellee, v. BURLINGTON INDUSTRIES, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 21, 1971.

Attorney(s) appearing for the Case

William Duncan, El Paso, Tex., for defendant-appellant.

Sam Blackham, Mike Thompson, El Paso, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

RONEY, Circuit Judge:

James W. Wyly was a contestant in "the National Lap Sitting Contest" when a chair proved unable to support him and the 14 co-eds who were sitting on his lap. The chair broke. Wyly was injured. He brought suit against Burlington Industries, Inc., which sponsored the contest. The trial court instructed the jury that defendant was liable for the injuries as a matter of law, and plaintiff won a $13,000 verdict.

Holding that the defendant...

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