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ELLIOTT v. BRUNSWICK CORP.

No. 89-7190.

903 F.2d 1505 (1990)

Ashley ELLIOTT, Plaintiff-Appellee, v. BRUNSWICK CORPORATION, Defendant. Appeal of MERCURY MARINE, A DIVISION OF BRUNSWICK CORPORATION, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 25, 1990.

Attorney(s) appearing for the Case

John W. Clark, Anthony N. Fox, Amy K. Myers, Clark & Scott, P.C., Birmingham, Ala., and Ronald L. Reid, and R. Wayne Thorpe, Alston & Bird, Atlanta, Ga., for defendant-appellant.

Richard D. Stratton and Ben Hogan, III, Hogan, Smith & Alspaugh, P.C., Birmingham, Ala., for plaintiff-appellee.

Before COX, Circuit Judge, and HILL, Senior Circuit Judge, and SMITH, Senior Circuit Judge.

HILL, Senior Circuit Judge:

The appellant, a manufacturer of motors for boats, appeals an unfavorable judgment of $4,375,000.00 in this lawsuit based on diversity jurisdiction. At trial, the appellee contended that the appellant should have constructed guards on the propellers that it manufactures, and asserted three theories of recovery: (1) compensatory damages based on alleged negligence, (2) compensatory damages based on alleged product liability under the Alabama...

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