United States Fifth Circuit

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Duff v. Werner Enters., Inc., 06-40308

In a law suit brought by a law enforcement officer arising from an accident with a tractor trailer, denial of defendants' motion for new trial following a jury verdict for plaintiff is affirmed in part where the jury's verdict was not against the great weight of the evidence with regard to its negligence finding. However, awards for future medical care and for future loss of earning capacity are remanded with instructions as they were not sustainable on the record.

Appellate Information

  • Decided 06/19/2007
  • Published 06/19/2007

Judges

  • DeMOSS, Circuit Judge:, Before GARWOOD, SMITH and DeMOSS, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Allen Jack Washburn (argued), Murphrey & Washburn, Houston, TX, for Duff.

  • For Appellees:
  • M. David Frock (argued), Frock & Broussard, Houston, TX, for Defendants-Appellants.