Backer v. Coursey

This is a diversity case arising out of an automobile accident that occurred in Atlanta, Georgia, on September 11, 1969. After all the evidence had been received, the trial judge granted the motions for directed verdicts filed by plaintiffs and two of the defendants. The ease was submitted to the jury only on the issue of damages, for which the remaining defendant was held solely liable. Testing the granting of those motions against the standards of Boeing Co. v. Shipman, 5 Cir. 1969, 411 F.2d 365, we find that the entire case should have gone to the jury, and we therefore reverse and remand…