MOSHER v. SPEEDSTAR DIV. OF AMCA INTERN., INC.

No. 91-3273.

979 F.2d 823 (1992)

Robert C. MOSHER and Margaret M. Mosher, Plaintiffs-Appellants, v. SPEEDSTAR DIVISION OF AMCA INTERNATIONAL, INC., f/k/a Speedstar Division of Koehring Company, Koehring Company, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 21, 1992.


Attorney(s) appearing for the Case

John P. Graves, Jr., Chartered, Sarasota, Fla., Donald E. Pervis, Donald E. Pervis & Associates, P.A., Bradenton, Fla., for plaintiffs-appellants.

Dickinson, O'Riorden, Gibbons & Shields, P.A., Claire L. Hamner, Richard R. Garland, Sarasota, Fla., for defendants-appellees.

Before TJOFLAT, Chief Judge, BIRCH, Circuit Judge, and GODBOLD, Senior Circuit Judge.


TJOFLAT, Chief Judge:

Appellants Robert C. Mosher and Margaret M. Mosher appeal from an adverse verdict in this products liability suit brought under Florida law against the Speedstar Division of AMCA International, Inc. (Speedstar). Because the district court's jury charge was erroneous and prejudicial, we reverse and remand for a new trial.

I.

Robert C. Mosher was a water well driller. On July 9, 1984...

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