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NOWELL BY AND THROUGH NOWELL v. UNIVERSAL ELEC. CO.

No. 85-4128.

792 F.2d 1310 (1986)

Donald Joe NOWELL, II By and Through his Mother and Next Friend, Pamela Mae NOWELL; Pamela Mae Nowell, and the Estate of Donald Joe Nowell, By and Through Pamela Mae Nowell, Administratrix, Plaintiffs-Appellees, v. UNIVERSAL ELECTRIC COMPANY, Defendant-Appellant, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

June 25, 1986.

Attorney(s) appearing for the Case

Thomas A. Bell, Robert S. Addison, Daniel, Coker, Horton & Bell, Jackson, Miss., for defendant-appellant.

Francis H. Hare, Jr., Hare, Wynn, Newell & Newton, Alva C. Caine, Birmingham, Ala., Edward A. Williamson, Philadelphia, Miss., for plaintiffs-appellees.

Glenn F. Beckham, James E. Upshaw, Greenwood, Miss., for intervenor-appellee.

Before JOLLY, HILL, Circuit Judges, and HUNTER, District Judge.

EDWIN F. HUNTER, Jr., District Judge:

Defendant, Universal, appeals from a judgment for plaintiff-appellee entered after a jury returned a general verdict in her favor following an extended trial. Although we have concluded that Universal was not entitled to have the case taken from the jury, we conclude that the trial court's conflicting jury instructions constitute grounds for a new trial. We therefore Reverse and Remand.

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