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eBook details

• Title: Earl v. Bouchard Transportation Co.
• Author : United States Court of Appeals for the Second Circuit
• Release Date : January 02, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

CABRANES, District Judge In broad terms, this case presents six primary questions. First, did the district court's charge to the jury regarding contributory negligence constitute reversible error? Second, was it error for the district court to charge the jury that plaintiff could recover for pain and suffering and loss of life's pleasures? Third, did the district court abuse its discretion in not unconditionally ordering a new trial? Fourth, did the district court use an improper method of determining the remittitur or abuse its discretion by remitting the amount that it did? Fifth, after agreeing to the remittitur, may plaintiff now challenge it on cross-appeal? And finally, was it error for the district court, when calculating the total damage award and after subtracting the remittitur, to add an award for a claim of damages that had been previously dismissed? BACKGROUND

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