Robert A. Garr and Lorraine Garr, His Wife v. Union Carbide Corporation

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

Union Carbide Corporation seeks to overturn a verdict in a personal injury suit rendered in favor of the plaintiff, Robert A. Garr. The jury awarded damages against Union Carbide, grounded in negligence, for failing to repair the defective sidewalk on which Garr fell. At trial Union Carbide moved for a directed verdict and judgment notwithstanding the verdict, contending that Garr was contributorily negligent as a matter of law. The district court denied the motions and entered judgment for Garr. We reverse.

I

Garr drove delivery trucks for…