Cole L. Smith v. Regina Manufacturing Corporation, and Sears Roebuck and Company

SOBELOFF, Circuit Judge:

Sears, Roebuck & Company and Regina Manufacturing Corporation, defendants in this products liability action brought under the diversity jurisdiction, appeal from a judgment for $85,000 entered upon a verdict of negligence. They raise certain common defenses, and other separate ones. Each challenges the sufficiency of the evidence to support the jury finding that it was negligent and argues that appellee’s injuries resulted from his own negligence. The defendants further contend that, assuming arguendo that they are liable, the award was excessive. Separately, Sears…