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LEARMONTH v. SEARS, ROEBUCK AND CO.

No. 09-60651.

631 F.3d 724 (2011)

Lisa LEARMONTH, Plaintiff-Appellee Cross-Appellant, v. SEARS, ROEBUCK AND CO., Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

As Corrected January 24, 2011.

Attorney(s) appearing for the Case

Robert Kevin Hamilton (argued), Hamilton Law Firm, P.L.L.C., Jackson, MS, Joe Clay Hamilton , Hamilton Law Firm, P.L.L.C., Meridian, MS, for Learmonth.

Francis A. Citera (argued), Gregory E. Ostfeld , Greenberg Traurig, L.L.P., Chicago, IL, Henry Gray Laird, III , Page, Kruger & Holland, P.A., Jackson, MS, for Sears Roebuck & Co.

Mark Alan Behrens , Cary Silverman , Shook, Hardy & Bacon, L.L.P., Washington, DC, Carl Robert Montgomery , Montgomery McGraw Collins O'Cain & Coleman, P.L.L.C., Canton, MS, Cynthia I. Mitchell , Merkel & Cocke, P.A., Clarksdale, MS, David Neil McCarty , David Neil McCarty Law Firm, P.L.L.C., Jackson, MS, for Amici Curiae.

Harold Edward Pizzetta, III , Office of Atty. Gen., Civil Lit., Jackson, MS, for Intervenor.

Before KING, STEWART and OWEN, Circuit Judges.

KING, Circuit Judge:

A jury found Sears, Roebuck and Company liable for causing Lisa Learmonth's injuries in an automobile accident and awarded her $4 million in compensatory damages. The district court denied Sears' motion for a new trial, but remitted the non-economic damages portion of the award to $1 million pursuant to Mississippi's statutory cap on non-economic damages. Sears appeals the district court's denial of its motion for new trial; Learmonth cross-appeals...

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