Richardson v. Clayton & Lambert Manufacturing Co.

MEMORANDUM OPINION SUSTAINING PLAINTIFF’S MOTION FOR NEW TRIAL

DAVIDSON, District Judge.

The instant action was tried before a jury and a verdict was returned for the defendant on July 30,1986. The plaintiff has now submitted a motion for a new trial based on several assertions of error. After a thorough and agonizing review of the facts of this case and the applicable law, the court is of the opinion that the jury instruction on assumption of the risk misled the jury and that a verdict based on this instruction combined with the other instructions given by the court will result in a…