PALMER v. FORD MOTOR COMPANY

No. 73-1653.

498 F.2d 952 (1974)

Robert PALMER, a minor, By and Through his Next Friend, Ruby E. Palmer, and Ruby E. Palmer, Individually, as heirs at law of Robert J. Palmer, Deceased, and Ruby E. Palmer, as Administratrix of the Estate of Robert J. Palmer, Deceased, Plaintiffs-Appellees, v. FORD MOTOR COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided June 24, 1974.


Attorney(s) appearing for the Case

Payne H. Ratner, Jr., Wichita, Kan. (Murvyl M. Sullinger, Pittsburgh, Kan., and Ratner, Mattox, Ratner, Ratner & Barnes, Wichita, Kan., were with him on the brief), for plaintiffs-appellees.

Don B. Roberson, Kansas City, Mo. (Richard W. Noble and Shughart, Thomson & Kilroy, Kansas City, Mo., of counsel, were with him on the brief), for defendant-appellant.

Before BREITENSTEIN, BARRETT and DOYLE, Circuit Judges.


BREITENSTEIN, Circuit Judge.

This is a products liability case with diversity jurisdiction. Plaintiffs' claim rests on negligence and breach of implied warranties of merchantability and fitness. The jury verdict was in favor of the plaintiffs. The defendant's appeal contends that the district court erred in denying its motions for a 12-man jury and for a directed verdict. We affirm.

A business enterprise owned and operated by plaintiffs' decedent bought in...

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