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FOLKS v. KIRBY FOREST IND. INC.

No. 92-4435.

10 F.3d 1173 (1994)

Bennie Ray FOLKS and Ernestine Folks, Plaintiffs-Appellees, and Liberty Mutual Ins. Co., Intervenor-Appellee, v. KIRBY FOREST IND. INC., Defendant-Third Party Plaintiff and Third Party Defendant-Appellant, v. HOOD INDUSTRIES INC., Defendant-Third Party Plaintiff and Third Party Defendant-Appellee, v. Johnny KNIGHT, dba, Knight's Machinery Removal, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 10, 1994.

Attorney(s) appearing for the Case

Lawrence Louis Germer, Donean S. Barclay, John G. Tucker, Orgain, Bell & Tucker, L.L.P., Beaumont, TX, for appellant.

Thomas O. Moses, Lindsay, Moses & Barkley, Beaumont, TX, for Folks.

Edward H. Green, Weller, Wheelus & Green, Beaumont, TX, for Liberty Mut. Ins.

Virginia D. Williford, Houston, TX, for Liberty Mut.

Richard L. Scheer, Strong, Pipkin, Nelson & Bissell, Beaumont, TX, for Hood Industries.

Robert Allen Black, Mehaffy & Weber, Beaumont, TX, for Knight.

Before JOHNSON, SMITH, and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

This is an appeal from a jury verdict for the plaintiff in a personal injury case. The jury awarded Bennie Ray Folks $1,076,000 in damages, finding that he was injured in an industrial accident as a result of the negligence of Kirby Forest Industries, Inc. ("Kirby"). Kirby appeals, and we vacate and remand on account of an erroneous jury instruction and the erroneous exclusion of evidence.

I

Kirby operated a plywood...

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