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HARRISON v. OTIS ELEVATOR CO.

No. 90-3264.

935 F.2d 714 (1991)

Ronald HARRISON, Plaintiff-Appellee, v. OTIS ELEVATOR COMPANY, Defendant-Appellant-Cross-Appellee, v. INDUSTRIAL INDEMNITY INSURANCE COMPANY, Intervenor-Appellee, v. HIGHLANDS INSURANCE COMPANY, Intervenor-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

July 17, 1991.

Attorney(s) appearing for the Case

C. Edgar Cloutier, John K. Leach, Christovich & Kearney, New Orleans, La., for Otis Elevator Co.

Herbert A. Cade, Cade, Jones & Collins, New Orleans, La., for Harrison.

Jan P. Jumonville, Ward & Clesi, New Orleans, La., for Indus. Indem. Ins. Co.

Daniel A. Webb, L. Gerome Smith, New Orleans, La., for Highlands Ins. Co.

Before REAVLEY, HIGGINBOTHAM, and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge.

We are asked, in this appeal, to find error in the district court's refusal to grant a directed verdict or judgment notwithstanding the verdict because (1) a proper risk-utility analysis was not conducted, and (2) prior notice of a risk was never proven. Alternatively, we are asked to grant appellant a new trial because of procedural failings and evidentiary deficiencies. Additionally, intervenor appeals the district court's refusal to allow...

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