Adelaido Gonzales, Jr., Plaintiffs-Appellees--Cross-Appellants. v. Missouri Pacific Railroad Company, Defendant-Appellant--Cross-Appellee

JOHN R. BROWN, Chief Judge:

This appeal of a personal injury diversity suit raises two questions — first, whether the Trial Judge erred in failing to submit the issue of sole proximate cause to the jury once that issue had been fairly raised by the defendant and second, whether the plaintiff was entitled to $8,329.71 in stipulated medical expenses where the jury’s answers to special interrogatories established defendant’s liability and a lack of causal negligence on the part of plaintiff. We answer no to the first question and yes to the second.

On the 17th of June 1972, Adelaido and Mary…