Fair, et al. v. Allen, et al., No. 11-30467 (5th Cir. 2012)
Annotate this CasePlaintiffs were involved in a vehicular accident with Bart Allen, an employee of Gator Sign Company, whose vehicle hit plaintiffs' car from behind when they stopped to make a left turn. Plaintiffs' motion for partial summary judgment on liability was granted, but a jury trial was conducted on damages, resulting in a verdict for plaintiffs for $38,500. Plaintiffs claimed that the district court should have granted their motion for a new trial. The court held that because the district court properly allowed the jury to consider defendants' medical expert witness's testimony, and with that testimony the record contained adequate support of the verdict, the court affirmed the judgment based on the damage award.
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