A. O. Joynor v. Berman Leasing Company

HANNAY, District Judge;

This appeal arises out of a third-party damage suit in which the Appellant prevailed below on the issue of liability. The damages awarded by the jury, however, were less than Appellant had previously received under workmen’s compensation insurance. As the insurer was entitled under law to reimbursement up to and including the amount of its insurance payment, the Appellant here received nothing by virtue of the general jury verdict. His assignments of error, therefore, relate to the issue of damages.

Appellant was injured on or about November 5, 1964, on U. S. Highway 69…