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JOHNSON v. H.K. WEBSTER, INC.

No. 85-1096.

775 F.2d 1 (1985)

Raymond JOHNSON, Plaintiff, Appellee, v. H.K. WEBSTER, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 9, 1985.

Attorney(s) appearing for the Case

Irvin D. Gordon, Concord, N.H., with whom James O. Barney and Sulloway Hollis & Soden, Concord, N.H., were on brief, for defendant, appellant.

W. Wright Danenbarger, Manchester, N.H., with whom Alan R. Kusinitz, Wiggin & Nourie, Manchester, N.H., John M. Shortill and Shortill & Shortill, Sanford, Maine, were on brief, for plaintiff, appellee.

Before CAMPBELL, Chief Judge, and BREYER and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

In this diversity tort case, defendant H.K. Webster, Inc. (Webster) appeals from a judgment entered on a jury verdict in favor of plaintiff Raymond Johnson (Johnson). The jury also found, in response to a special interrogatory, that the cause of the accident in which Johnson's foot was crushed in a grain conveyor designed by Webster was 51% Webster's negligent design of the machinery and 49% Johnson's negligent conduct in working near the device...

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