Newark Insurance Company, Appellant, v. Yvonne Lewis, Appellee, 394 F.2d 618 (5th Cir. 1968)

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US Court of Appeals for the Fifth Circuit - 394 F.2d 618 (5th Cir. 1968) May 13, 1968

Marcel Livaudais, Jr., George M. Leppert, New Orleans, La., Loeb & Livaudais, Stanley E. Loeb, New Orleans, La., for appellant.

Kent A. Russell, Frederick P. Heisler, Fiasconaro, Heisler, Windhorst & deLaup, New Orleans, La., for appellee.

Before BROWN, Chief Judge, DYER, Circuit Judge, and GARZA, District Judge.


The controlling issue in this fall-in-the-parking-lot case is the sufficiency of the evidence to support the jury's verdict tested by a motion for judgment N.O.V. Since the briefs and oral argument conclusively showed that "there is a rational basis in the record for the jury's verdict," Helene Curtis Industries, Inc. v. Pruitt, 5 Cir. 1967, 385 F.2d 841, 850, we directed affirmance from the bench.