Lucky v. Avon Products, Inc.

WASSERSTROM, Chief Judge.

Suit by an employee against his employer for personal injuries and by the employee’s wife for loss of consortium. The jury found for the defendant and plaintiffs appeal. Their sole point on appeal relates to the propriety of Instruction No. 5 under which defendant submitted the issue of contributory negligence.

A preliminary matter requires disposition. Defendant has moved to dismiss the appeal on two grounds. First, it points out that plaintiffs’ notice of appeal specified that the appeal was being taken from the circuit court’s order denying their motion for new…