KROGER CO. v. ROADRUNNER TRANSP., INC.

No. 80-7222 Summary Calendar.

634 F.2d 228 (1981)

The KROGER COMPANY, Plaintiff-Appellee, v. ROADRUNNER TRANSPORTATION, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit, Unit B.

January 12, 1981.


Attorney(s) appearing for the Case

Murphy, Witcher & Murphy, Jack F. Witcher, John W. Kilgo, Michael L. Murphy, Bremen, Ga., for defendant-appellant.

Hansell, Post, Brandon & Dorsey, Gary W. Hatch, Philip S. Coe, Atlanta, Ga., for plaintiff-appellee.

Before TJOFLAT, VANCE and THOMAS A. CLARK, Circuit Judges.


PER CURIAM:

In this diversity suit involving a property damage claim from a collision between two trucks in Carroll County, Georgia, the jury returned a verdict in favor of plaintiff Kroger for $16,870.00. Roadrunner appeals, arguing that the trial judge committed reversible error by not instructing the jury on the Georgia "avoidance" doctrine. Kroger argues that Roadrunner failed to object properly to the trial judge's denial of the requested charge on the avoidance...

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