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MAIR v. C & O R.R.

Nos. 85-1565, 85-1566.

851 F.2d 829 (1988)

Andrew David MAIR; David Mair; Patricia Mair; Kathryn Mair, a minor, by her next friend David T. Mair; and Douglas Mair, a minor, by his next friend, David T. Mair, Plaintiffs-Appellants, Cross-Appellees, v. C & O RAILROAD a/k/a the Chesapeake & Ohio Railroad, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 12, 1988.

Attorney(s) appearing for the Case

Richard E. Shaw, Lopatin, Miller, Freedman, Bluestone, Erlich, Rosen & Bartnick, Detroit, Mich., Monica Farris Linkner, Donald S. Edwards, Columbus, Ind., Sheldon L. Miller (argued), Sheldon D. Erlich, Detroit, Mich., for plaintiffs-appellants, cross-appellees.

Gene S. Davis, Driggers, Schultz, Herbst & Paterson, Troy, Mich., for defendant-appellee, cross-appellant.

Before MARTIN, JONES and WELLFORD, Circuit Judges.

NATHANIEL R. JONES, Circuit Judge.

In this action defendant Chesapeake and Ohio Railroad Company ("C & O") appeals from the district court's judgment entered on a jury verdict finding it liable for injuries suffered by Andrew Mair in a railroad accident. Plaintiffs Andrew, David and Patricia Mair appeal from the district court's order reducing their damage award. Upon consideration, we find that the judgment entered on the jury's verdict was erroneous, thus we...

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