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HERBERT v. WAL-MART STORES, INC.

No. 89-3572.

911 F.2d 1044 (1990)

Jessie HERBERT, Plaintiff-Appellant v. WAL-MART STORES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 16, 1990.

Attorney(s) appearing for the Case

Daniel E. Becnel, Jr., Reserve, La., for plaintiff-appellant.

Sidney J. Hardy, Charles T. Weigel, Jr., Frederick Robert Campbell, McGlinchey, Stafford, Mintz, Cellini & Lang, New Orleans, La., for defendant-appellee.

Before RUBIN, POLITZ and BARKSDALE, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 16, 1990.

PER CURIAM:

This is a typical diversity jurisdiction slip and fall case. The injured plaintiff prevailed but, unsatisfied with the award, appeals, arguing first that the district court erred in refusing to draw an adverse inference with respect to damages from Wal-Mart's failure to call an expert witness, and second that the court awarded him insufficient damages. Because we hold that the uncalled witness...

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