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SWIFT v. STATE FARM MUT. AUTO. INS. CO.

No. 85-3595.

796 F.2d 120 (1986)

Patricia Shipley, Wife of/and Martin R. SWIFT, Plaintiffs-Appellees, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, and State Farm Fire & Casualty Co., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 8, 1986.

Attorney(s) appearing for the Case

Ward & Clesi, Joseph R. Martin, Anthony J. Clesi, Jr., New Orleans, La., for defendants-appellants.

Darryl J. Tschirn, Metairie, La., John M. Robin, Covington, La., for plaintiffs-appellees.

Before BROWN, REAVLEY and JONES, Circuit Judges.

REAVLEY, Circuit Judge:

A jury awarded plaintiff Patricia Shipley $400,000 for the pain and suffering her son underwent before his death due to injuries he received from an automobile accident. Defendants State Farm Mutual Automobile Insurance Company and State Farm Fire & Casualty Company now appeal the denial of their motion for judgment notwithstanding the verdict (JNOV) or, in the alternative, a new trial. We remand for a new trial unless the plaintiff accepts...

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