SMITH v. LOUISVILLE LADDER CO.

No. 99-41038.

237 F.3d 515 (2001)

Rodger Nelson SMITH, Jr., Plaintiff-Appellee, v. LOUISVILLE LADDER CO., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 11, 2001.


Attorney(s) appearing for the Case

Richard Ernest Swift, Jr. (argued), Jeffrey Don Herrington, Swift & Herrington, Palestine, TX, for Plaintiff-Appellee.

Scott J. Atlas (argued), Vinson & Elkins, Houston, TX, Thomas S. Leatherbury, Vinson & Elkins, David M. Ellis, Clark, West, Keller, Butler & Ellis, Dallas, TX, for Defendant-Appellant.

Before DAVIS, SMITH and DENNIS Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

This is an appeal from a judgment entered on a jury verdict for the plaintiff, Rodger Nelson Smith ("Smith"), in a products liability action against Louisville Ladder Corp. ("Louisville"). Following a four day trial, the jury found in favor of Smith, and, after taking Smith's 15% contributory negligence into account, awarded Smith $1,487,500. We conclude that the record evidence does not support any of Smith's theories of recovery....

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