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JOHNSON v. PARRISH

No. 86-2656.

827 F.2d 988 (1987)

Ernest Gary JOHNSON, Plaintiff-Appellant, v. Lloyd PARRISH; Homer Pinnell, d/b/a Pinnell Farm Chemical Co.; Ohio Eastern Express, Inc., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 4, 1987.

Attorney(s) appearing for the Case

John David Ingle (Lovekin & Ingle, Hickory, N.C., on brief), for plaintiff-appellant.

Walter Thompson Comerford, Jr. (Petree, Stockton & Robinson, Winston-Salem, N.C., on brief), Edwin Glenn Farthing (Tate, Young, Morphis, Bach & Farthing, Hickory, N.C., on brief), for defendants-appellees.

Before WIDENER and HALL, Circuit Judges, and HOFFMAN, United States District Judge for the Eastern District of Virginia, sitting by designation.

K.K. HALL, Circuit Judge:

Ernest Gary Johnson, plaintiff in a negligence action arising from a truck accident on the West Virginia Turnpike, appeals an order of the district court setting aside a jury award in his favor. The district court, sitting pursuant to diversity jurisdiction, ruled that the award was excessive and ordered a new trial on the issue of damages. Finding the district court's action to be within the limits of sound discretion, we affirm.

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