Phelps v. Magnavox Company of Tennessee

NEARN, Judge.

This is the second time that this case has reached the Court of Appeals. On the first appeal, the Trial Judge’s action in directing a verdict for the defendants at the close of plaintiff’s proof was reversed by the Court of Appeals and a new trial ordered. Certiorari was denied by the Supreme Court and the opinion of this Court on that appeal is reported as Phelps v. Magnavox Company of Tennessee, Inc., et al. (1970 E.S.), Tenn.App., 466 S.W.2d 226.

The pleadings alone in this case constitute some one hundred-forty pages of the record and the case at one time or another involved…