WINNINGHAM v. NORTH AMERICAN RESOURCES CORP.

Nos. 93-3577, 93-3578.

42 F.3d 981 (1994)

Dale M. WINNINGHAM, Plaintiff and Supplemental Plaintiff-Appellant (93-3577), Plaintiff-Appellee (93-3578), v. NORTH AMERICAN RESOURCES CORPORATION, Defendant-Appellant (93-3578), Insurance Company of North America; Neare, Gibbs & Company, Supplemental Defendants-Appellees (93-3577).

United States Court of Appeals, Sixth Circuit.

Decided November 9, 1994.


Attorney(s) appearing for the Case

Paul B. Martins (argued), James B. Helmer, Jr. (briefed), Helmer, Lugbill, Martins & Neff, Cincinnati, OH, Meredith Lynn Lawrence (briefed), Lawrence & Schletker, Covington, KY, for Dale M. Winningham.

James J. Montgomery (argued and briefed), Montgomery, Rennie & Jonson, Frederick M. Morgan, Jr., Cincinnati, OH, for Insurance Co. of North America, Neare, Gibbs & Co.

Richard D. Lameier (argued and briefed), Arthur H. Schlemmer (argued), Rosemary E. Scollard, Barron, Peck & Bennie, Cincinnati, OH, for North American Resources Corp.

Before: GUY and BOGGS, Circuit Judges; and CLELAND, District Judge.


RALPH B. GUY, Jr., Circuit Judge.

These consolidated appeals stem from a personal injury action filed by Dale M. Winningham against the vendor and purchaser of the land on which his injuries occurred. After a lengthy trial, the jury found that the defendants had acted negligently, and damages were awarded in favor of Winningham. One of the defendants, North American Resources Corporation (NARC), contends on appeal that it cannot be liable to Winningham because the...

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