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LOPEZ v. MENDEZ

No. 04-3926.

432 F.3d 829 (2005)

Rosa Maria LOPEZ; Regions Bank, Special Administrator for the Estate of Isidro Lopez, Deceased, Plaintiffs/Appellees, v. Robert MENDEZ; Roadway Express, Inc., Defendants/Appellees, v. James Construction Group, Originally Sued As Angelo Iafrate Construction, L.L.C., Third Party Defendant/Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 23, 2005.

Attorney(s) appearing for the Case

Counsel who represented the appellant was Elton A. Rieves, III of West Memphis, AR. Also appearing on the brief was G. Shaun Hair, Jr.

Counsel who represented appellees Rosa Maria Lopez and Regions Bank, Special Administrator for the Estate of Isidro Lopez was Ted Boswell of Bryant, AR. Also appearing on this brief were Clark Brewster and John Andrew Ellis. Counsel who represented appellees Robert Mendez and Roadway Express was Jack M. Strauch of Winston-Salem, NC.

Before BYE, BEAM, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

James Construction, L.L.C. ("James") appeals from a judgment entered on a jury verdict finding James 40% responsible for a traffic accident in a construction zone. James, a contractor, performed highway construction work for the State of Arkansas. James argues that the acquired-immunity doctrine shielded the company from liability and that the district court1 therefore erred in denying its motion for judgment as a...

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