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ELLIOT v. TURNER CONST. CO.

No. 03-1209.

381 F.3d 995 (2004)

Eugene ELLIOT, Plaintiff-Appellee, v. TURNER CONSTRUCTION COMPANY, a New York corporation; B & C Steel, Inc., a Colorado corporation, Defendants-Appellants, and Bud Boyd, Defendant.

United States Court of Appeals, Tenth Circuit.

August 24, 2004.

Attorney(s) appearing for the Case

Peter H. Doherty, Overturf & McGath, P.C., Denver, CO, for the defendants-appellants.

Diane Vaskdal Smith (Holly Baer Kammerer with her on the brief), Burg Simpson Eldredge Hersh & Jardine, P.C., Englewood, CO, for the plaintiff-appellee.

Before SEYMOUR, BRISCOE, Circuit Judges, and PAYNE, Chief District Judge.

BRISCOE, Circuit Judge.

In this diversity action, defendants Turner Construction Company and B & C Steel, Inc., appeal a jury verdict finding them negligent and awarding plaintiff Eugene Elliot damages for personal injuries he suffered while assisting in the launch of a pedestrian bridge. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm in part and reverse in part.

I.

Turner Construction was hired as the general contractor...

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