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JONES v. PETROLEUM CARRIER CORPORATION OF FLORIDA

No. 71-3433.

483 F.2d 1369 (1973)

Johnnie Lee JONES, a minor by and through his Mother, Legirtha Jones, as his parent, natural guardian and next friend, Plaintiff-Appellant, v. PETROLEUM CARRIER CORPORATION OF FLORIDA et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 18, 1973.

Attorney(s) appearing for the Case

Charles M. Jones, Hinesville, Ga., for plaintiff-appellant.

Julian C. Sipple, Savannah, Ga., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, and MOORE and RONEY, Circuit Judges.

RONEY, Circuit Judge:

Having before us a decision of a Georgia state court in a companion case arising out of the same accident which controls the law in this federal diversity case, we hold that the Georgia law of comparative negligence does not apply to the facts of this case and that the plaintiff is entitled to a new trial because the jury was charged on the comparative negligence doctrine.

Seventeen-year old...

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