SYRIE v. KNOLL INTERN.

No. 84-2120.

748 F.2d 304 (1984)

Josey P. SYRIE, et vir., Plaintiffs-Appellants, v. KNOLL INTERNATIONAL, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 10, 1984.


Attorney(s) appearing for the Case

Law Offices of Gilbert T. Adams, Gilbert T. Adams, Jr., Richard J. Clarkson, Beaumont, Tex., for plaintiffs-appellants.

Mehaffy, Weber, Keith & Gonsoulin, James L. Weber, Beaumont, Tex., Brian R. Davis, Austin, Tex., for defendant-appellee.

Before RUBIN, RANDALL and TATE, Circuit Judges.


RANDALL, Circuit Judge:

In this appeal we address the question whether the district court erred in refusing to allow the plaintiff to introduce evidence in support of her negligence theory and in refusing to issue a negligence instruction to the jury. Because evidence of negligence was both adduced and proffered at trial and justified a negligence instruction, we hold that the district court erred. We vacate and remand the case for consideration of whether these errors...

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