Fortenberry

Elizabeth Fortenberry brought an action to recover damages, including exemplary damages, against Francis I. duPont & Co., and its employees, Gene D. Weber and Edward A. White, for mismanagement of a securities account.

On February 29, 1968, the jury returned a verdict in favor of defendants. Notice of entry of judgment was filed March 4, 1968. On March 15, 1968, plaintiff filed a notice of a motion for a new trial. The motion was granted on May 3, 1968. On May 8, 1968, the trial court filed a specification of the reasons for granting the motion for a new trial. On July 1, 1968, defendants filed a notice of appeal from the order granting the motion for a new trial. On July 5, 1968, plaintiff filed a notice of cross-appeal from the judgment.

Plaintiff’s securities account was opened with the San Francisco office of Francis I. duPont & Co. on or about April 4, 1957, when the first securities trade was made on her behalf. At the time, plaintiff (then Miss Elizabeth Kleiner) was a student at the University of California, residing in Berkeley. After graduating in the early summer of 1957, she returned to her native State of Texas, where she remained a permanent resident,…