Mario Pistolesi v. Joe Staton and Carrol Sue Dail Lucas

BOREMAN, Senior Circuit Judge:

Appellant, Mario Pistolesi (plaintiff below), brought this diversity action to recover damages for personal injuries allegedly suffered in a traffic accident. Pistolesi charged that the concurrent negligence of appellees, Joe Staton and Carrol Lucas (defendants below), was the proximate cause of that accident. The jury returned a verdict in favor of defendants Staton and Lucas, and judgment was entered thereon. Upon appeal we affirm the judgment as to Lucas but reverse and remand as to Staton.

On August 10, 1971, Pistolesi, a hitchhiker, was riding in the back…