STRAUCH v. GATES RUBBER CO.

No. 88-3373.

879 F.2d 1282 (1989)

Weston G. STRAUCH, Plaintiff-Appellee Cross-Appellant, v. The GATES RUBBER COMPANY, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

August 15, 1989.


Attorney(s) appearing for the Case

Craig R. Nelson, Sarah A. Lowman, New Orleans, for defendant-appellant cross-appellee.

Leila Erato, Harold B. Carter, Jr., Richard E. McCormack, New Orleans, for plaintiff-appellee cross-appellant.

Before GEE, GARZA and JONES, Circuit Judges.


GARZA, Circuit Judge:

In this products liability case, defendant urges that the evidence was insufficient to find that its anhydrous ammonia hose was unreasonably dangerous or that the alleged defect in the product was a proximate cause of plaintiff's injuries. Plaintiff cross appeals from the jury's finding of 60% comparative fault and from the trial court's dismissal of his claim for exemplary damages under La. Civ.Code art. 2315.3. Because we find sufficient evidence...

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