United States Eleventh Circuit

In diversity case involving manufacturing plant accident, denial of motion for a new trial is reversed where the district court's erroneous exclusion of evidence regarding the employer's care, control, custody, and supervision of the E&I employee likely had a substantial impact on the jury's verdict, since: 1) defendant's evidence could convince a jury that defendant's contract employee was a borrowed servant of plaintiff's employer; and 2) such a finding would serve as a complete defense to liability.

Appellate Information

• Decided 08/13/2007
• Published 08/13/2007

Judges

• HULL, Circuit Judge:, Before EDMONDSON, Chief Judge, HULL, Circuit Judge, and FORRESTER, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Glenda G. Cochran, Stephen J. Becker, Cochran & Associates, Birmingham, LA, for Proctor.


• For Appellees:
  
• James Rebarchak, Kirkland Edward Reid, Miller, Hamilton, Snider & Odom, LLC, Mobile, AL, for Defendant-Appellant.