CLARK v. CIRCUS-CIRCUS, INC.

No. 74-1321.

525 F.2d 1328 (1975)

Dennis CLARK, a minor by William H. Clark, his father and next friend, et al., Plaintiffs-Appellants, v. CIRCUS-CIRCUS, INC., a Nevada Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

November 17, 1975.


Attorney(s) appearing for the Case

Raymond E. Sutton, Las Vegas, Nev., for plaintiffs-appellants.

Beckley, Delanoy & Jemison, Las Vegas, Nev., for defendant-appellee.

Before HUFSTEDLER and TRASK, Circuit Judges, and HILL, District Judge.


OPINION

HUFSTEDLER, Circuit Judge:

The Clarks on behalf of themselves and their minor child, Dennis, appeal from a judgment in favor of Circus-Circus, Inc. ("Circus"), entered after a jury verdict in their action for damages for personal injuries suffered by Dennis. Jurisdiction was based on diversity.

At the time of the accident Dennis was 4 years, 5 months, and 26 days old. He struck a chain suspended about 4 feet from the ground as he was running...

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