COLE v. BERTSCH VENDING CO., INC.

No. 83-2742.

766 F.2d 327 (1985)

Henry L. COLE and Neda Cole, Plaintiffs-Appellants, v. BERTSCH VENDING COMPANY, INC. and Harold D. Cremeens, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 1, 1985.


Attorney(s) appearing for the Case

Timothy A. Shimko, Spangenberg, Shibley, Traci & Lancione, Cleveland, Oh., for plaintiffs-appellants.

Thomas W. Belleperche, Hunt, Suedhoff, Borror & Eilbacher, Fort Wayne, Ind., for defendants-appellees.

Before CUMMINGS, Chief Judge, COFFEY, Circuit Judge, and HAYNSWORTH, Senior Circuit Judge.


COFFEY, Circuit Judge.

This appeal arises from a jury verdict finding that the defendants, Harold Cremeens and Bertsch Vending Company ("Bertsch"), were not liable for the alleged back injury suffered by the plaintiff, Henry Cole ("Cole"). We reverse and remand for a new trial.

I.

The facts of this case are uncomplicated. On the cold, clear night of December 8, 1978, the plaintiff, Henry Cole, stopped his tractor-trailer truck at a red light at the...

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