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STEPHENS v. CITY OF DAYTON, TENNESSEE

No. 72-1864.

474 F.2d 997 (1973)

Leuna Creekmore STEPHENS, Plaintiff-Appellee, v. CITY OF DAYTON, TENNESSEE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 2, 1973.

Attorney(s) appearing for the Case

Jeffrey L. Cleary, Sizer Chambliss, Chattanooga, Tenn., for defendant-appellant; William B. Luther, Chattanooga, Tenn., on brief; Luther, Anderson & Ruth, Chattanooga, Tenn., of counsel.

Harry Berke, Chattanooga, Tenn., for plaintiff-appellee; Berke, Berke & Berke, Chattanooga, Tenn., of counsel.

Before McCREE, MILLER and KENT, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment, in a personal injury action, for $42,400, reduced from a jury verdict of $52,400 by a remittitur of $10,000, to which the appellee agreed. The case was originally tried in November, 1971, and a jury verdict in favor of the appellee was returned in the amount of $7,000. Thereafter, and on November 17, 1971, by order of the District Court, counsel for the appellee was granted permission to interview the jurors. Subsequently...

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