Christopher L. Rhodes, a Single Man v. Continental Conveyors v. Lummas Industries, Inc., a Georgia Corporation

Good Law
963 F.2d 379·1992 WL 112256·1992 U.S. App. LEXIS 23729
United States Court of Appeals for the Ninth CircuitMay 28, 199290-16033California794 words

Opinion

Opinion

963 F.2d 379 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Christopher L. RHODES, a single man, Plaintiff-Appellant, v. CONTINENTAL CONVEYORS, Defendant, v. LUMMAS INDUSTRIES, INC., a Georgia corporation, Defendants-Appellees. No. 90-16033. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 17, 1992. Decided May 28, 1992. Before HUG, TANG and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Christopher Rhodes appeals the district court's grant of judgment notwithstanding the verdict (JNOV) in his personal injury suit against Lummas Industries, Inc. (Lummas). The JNOV overturned a $1,000,000 verdict for Rhodes. We AFFIRM. 3 1. Independent Duty to Warn. One of the three grounds of the JNOV was that Lummas had no independent duty to warn Rhodes. The gin on which Rhodes was injured was manufactured by Hardwick Etter more than 12 years before Rhodes was injured. When Lummas bought some assets from Hardwick Etter, including certain patents, customer lists…

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