Gordon E. Magnuson v. Fairmont Foods Company, Inc., a Foreign Corporation, and American Mutual Liability Insurance Company, a Foreign Corporation

FAIRCHILD, Circuit Judge.

Action for personal injury sustained in a motor vehicle accident. 1 At the first trial the district court directed a verdict for defendants at the close of plaintiff’s case. We reversed on the ground that the evidence, construed favorably to plaintiff, presented a question for the jury. 2 Upon retrial the jury returned a special verdict finding causal negligence on the part of plaintiff Magnuson, Holewinski, who was defendant Fairmont’s driver, and Byng, the driver of another vehicle. Causal negligence was apportioned 30% to plaintiff Magnuson, 25% to Holewinski, and…