Daniel Devers v. Mobil Chemical Corporation, Argonaut Insurance Company, Intervenor-Appellee

COLEMAN, Circuit Judge.

This diversity personal injury action has had a turbulent career. It was first tried to a jury and the verdict was set aside. The next jury could not agree on a verdict. The parties then agreed to submit the case to the District Judge on the record compiled in the second trial. He filed findings of fact and conclusions of law, awarding damages in the sum of $50,000. Mobil Chemical Corporation appeals. We affirm.

The Plaintiff-Appellee, Devers, was an employee of Pierose Maintenance Company, which had a maintenance contract with Mobil Chemical Corporation. Under this…