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PEACOCK v. J.C. PENNEY CO., INC.

Nos. 84-1456, 84-1464 and 84-1465.

764 F.2d 1012 (1985)

Timothy F. PEACOCK, in his capacity as Personal Representative of the estate of Colin Nicholas Peacock, Appellee, v. J.C. PENNEY CO., INC., Appellant, v. Timothy F. PEACOCK, as Personal Representative of the estate of Ann Rochelle Lynn Snyder-Peacock, Appellee. Timothy F. PEACOCK, in his capacity as Personal Representative of the estate of Ann Rochelle Snyder-Peacock, Appellee, v. J.C. PENNEY CO., INC., Appellant. Timothy F. PEACOCK, in his capacity as Personal Representative of the estate of Ann Rochelle Snyder-Peacock, Appellant, v. J.C. PENNEY CO., INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 17, 1985.

Attorney(s) appearing for the Case

Thomas P. Meehan, Washington, D.C. (Randall C. Ogg; Sherman, Fox, Meehan & Curtin, P.C., Washington, D.C., on brief), for appellant/cross-appellee.

Gary W. Brown, Washington, D.C. (Charles J. O'Hara, Falls Church, Va., on brief), for appellee/cross-appellant.

Before WIDENER and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

Timothy F. Peacock, personal representative for the estate of his wife, Ann Peacock, brought a wrongful death action for compensatory and punitive damages against J.C. Penney Company, Inc. The jury found for Peacock and awarded compensatory damages. Penney contends that the trial court erred by not directing a verdict on the ground that Ann Peacock was contributorily negligent as a matter of law. Peacock cross-appeals the trial court...

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