Black v. J.I. Case Co., Inc.

GARWOOD, Circuit Judge:

This is a Mississippi diversity case arising from the death of Romie Black (Decedent) who was killed in an accident involving a baekhoe. His successors, plaintiffs-appellants herein (collectively, the Blacks), appeal the judgment on the jury verdict in favor of defendant-appellee J.I. Case Company, Inc. (Case). We affirm.

This appeal was previously considered by another panel of this Court which issued an opinion affirming the judgment below. This earlier opinion was subsequently withdrawn and vacated. 1 Black v. J.I. Case Co., 973 F.2d 1226, 1227-1231 (5th Cir.1992). It…