PETES v. HAYES

No. 80-3506. Summary Calendar.

664 F.2d 523 (1981)

Alton PETES, Plaintiff-Appellant, v. John P. HAYES, et al., Defendants, v. AMERICAN OPTICAL CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 23, 1981.


Attorney(s) appearing for the Case

M. H. Gertler, Harry E. Forst, New Orleans, La., for plaintiff-appellant.

Allen R. Fontenot, New Orleans, La., for Aetna Cas. & Sur. Co.

Frank J. Peragine, New Orleans, La., Paul V. Cassisa, Metairie, La., William K. Christovich, New Orleans, La., for American Optical.

Before BROWN, POLITZ and WILLIAMS, Circuit Judges.


POLITZ, Circuit Judge:

Alton Petes filed this diversity suit claiming that respirators which were supplied to him on his job were defective and caused his debilitating lung condition. The jury returned a verdict for the defendant, and Petes appeals. We find that the district court's special interrogatories were inconsistent with the jury instructions and therefore likely to confuse or mislead the jury. In order to correct this error, we reverse and remand.

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