[Download] "Dixon v. International Harvester Co." by United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Dixon v. International Harvester Co.
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 07, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
In this Mississippi products liability diversity action the plaintiff was injured by a pine sapling that entered the cab of the crawler tractor he was driving. He brought suit against the tractor manufacturer alleging defective design under strict liability principles, and negligent design. After trial, the jury returned a verdict for the plaintiff but the district court rendered judgment notwithstanding the verdict. The plaintiff on appeal seeks reinstatement of the jury verdict arguing that there is sufficient evidence to support the verdict. The defendant cross-appeals, contending that the damage award is excessive, the district court committed evidentiary errors, and the court erred in denying its alternative motion for new trial based upon insufficiency of the evidence. The plaintiffs employer, who intervened at trial, appeals, seeking reimbursement of workmens compensation benefits paid to the plaintiff. We hold that the district court erred in rendering judgment notwithstanding the verdict. We therefore reinstate the jury verdict on liability, but because the jurys assessment of damages is excessive, offer the plaintiff a remittitur of the award or a new trial on damages. We also hold that the plaintiffs employer is entitled to recover the workmens compensation benefits that it paid to the plaintiff.