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DOTSON v. SCOTTY'S CONTRACTING, INC.

No. 94-6533.

86 F.3d 613 (1996)

Tina DOTSON, Plaintiff-Appellant, v. SCOTTY'S CONTRACTING, INC., E.H. Hughes Company, Inc., Scotty's Contracting, Inc., and Subsidiaries, and E.H. Hughes Company, Inc., and Subsidiaries, a Joint Venture, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 21, 1996.

Attorney(s) appearing for the Case

Joseph P. Bednarz (argued and briefed), Bednarz, Dalton & Eason, Nashville, TN, for Tina Dotson.

Frank Miller, Jr. (argued and briefed), Boehl, Stopher & Graves, Louisville, KY, Donald L. Miller, II (argued and briefed), Brown, Todd & Heyburn, Louisville, KY, for Scotty's Contracting, Inc., E.H. Hughes Co., Inc., Scotty's Contracting, Inc. and Subsidiaries.

Frank Miller, Jr., Boehl, Stopher & Graves, Louisville, KY, Donald L. Miller, II, Douglas W. Langdon, Brown, Todd & Heyburn, for E.H. Hughes Co., Inc. and Subsidiaries.

Before: NELSON and SILER, Circuit Judges; WISEMAN, District Judge.

DAVID A. NELSON, Circuit Judge.

This is a personal injury case, brought in federal court on diversity grounds, in which the plaintiff appeals from a judgment entered on a verdict in favor of the defendants. Two questions are presented for our review: (1) whether the district court so plainly erred (to the plaintiff's prejudice) in a jury instruction regarding the defendants' duty of care that the plaintiff must be granted a new trial notwithstanding the absence of...

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