LUCAS v. AMERICAN MFG. CO.

No. 79-3749 Summary Calendar.

630 F.2d 291 (1980)

Donald E. LUCAS, Plaintiff-Appellant, v. AMERICAN MANUFACTURING CO., a corporation, et al., Defendants, American Manufacturing Co., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 10, 1980.


Attorney(s) appearing for the Case

Diamond, Lattof, Gardner, Pate & Peters, Christopher E. Peters, Stephen J. Flynn, Mobile, Ala., for plaintiff-appellant.

Johnston, Johnston & Kendall, James Crowell Johnston, William E. Johnston, Mobile, Ala., for defendant-appellee.

Before RONEY, KRAVITCH and TATE, Circuit Judges.


KRAVITCH, Circuit Judge.

The issue in this case is whether a jury verdict in favor of plaintiff-appellant Donald Lucas should be set aside because of inadequacy of damages. Because we find that the trial court abused its discretion in refusing to grant a new trial, we reverse and remand for a new trial on all issues.

Plaintiff was injured at work when, in attempting to repair a bag banding machine, his head became caught in the mechanism. He brought a diversity...

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