Unpublished Disposition, 930 F.2d 920 (9th Cir. 1991)

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U.S. Court of Appeals for the Ninth Circuit - 930 F.2d 920 (9th Cir. 1991)

Thomas J. LEVERTON, Plaintiff-Appellant,v.The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant-Appellee.

No. 87-6469.

United States Court of Appeals, Ninth Circuit.

Submitted April 1, 1991.^* Decided April 16, 1991.

Before CHAMBERS, SCHROEDER and REINHARDT, Circuit Judges.

MEMORANDUM^**

The jury found in favor of the plaintiff-appellant on liability but did not award him all of the damages to which he was entitled as a matter of law under the theory of strict liability he elected to pursue. The trial was marred by improper questioning on the part of defense counsel concerning matters with no relevance to this proceeding and which were inflammatory. The jury's award shows the plaintiff was prejudiced and a new trial on damages is required.

The judgment of the district court is REVERSED and the matter is REMANDED for a new trial limited to the issue of damages.

The panel unanimously finds this case suitable for disposition without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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