Henry L. Cole and Neda Cole v. Bertsch Vending Company, Inc. And Harold D. Cremeens

COFFEY, Circuit Judge.

This appeal arises from a jury verdict finding that the defendants, Harold Cre-meens and Bertsch Vending Company (“Bertsch”), were not liable for the alleged back injury suffered by the plaintiff, Henry Cole (“Cole”). We reverse and remand for a new trial.

I

The facts of this case are uncomplicated. On the cold, clear night of December 8, 1978, the plaintiff, Henry Cole, stopped his tractor-trailer truck at a red light at the intersection of U.S. Highway 30 and Indiana State Highway 109 outside of Fort Wayne, Indiana; his seat was in the highway position.1 The defendant,…