Wade H. Marlowe, Jr. v. Garden Services, Inc.

In this diversity case, appellant brought an action for damages for personal injuries allegedly sustained as a result of appellee’s negligence. The jury awarded appellant $105 in damages, and this appeal followed wherein appellant seeks a remand of the matter for a new trial, being dissatisfied with the amount awarded. 1

Appellant contends that the District Court erred in charging the jury on the issues of comparative negligence, contributory negligence, and avoidance of the consequences of appellee’s negligence. The thrust of appellant’s objections to these charges is that there was no…