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WINNINGHAM v. NORTH AMERICAN RESOURCES

No. C-1-91-447.

812 F.Supp. 1460 (1992)

Dale M. WINNINGHAM, Plaintiff, v. NORTH AMERICAN RESOURCES, et al., Defendants.

United States District Court, S.D. Ohio, W.D.

October 29, 1992.

Attorney(s) appearing for the Case

James Burdette Helmer, Jr., Helmer, Lugbill & Whitman Co., LPA, Cincinnati, OH, Meredith Lynn Lawrence, Lawrence & Schletker, Covington, KY, for Dale Winningham.

Arthur Herbert Schlemmer, Barron, Peck & Bennie, John Charles Scott, Faulkner & Tepe, Cincinnati, OH, for North American Resources Corp.

Philip John Marsick, Jr., McCaslin, Imbus & McCaslin, Cincinnati, OH, for I Deutch & Sons Inc.

Todd Matthew Powers, Rendigs, Fry, Kiely & Dennis, Cincinnati, OH, for Mose Cohen & Sons, Inc.

Frederick Mason Morgan, Jr., Montgomery, Rennie & Jonson, Cincinnati, for Insurance Co. of North America.

ORDER CONCERNING POST-TRIAL MOTIONS AND MODIFYING THE JUDGMENT

SPIEGEL, District Judge.

The Court held a lengthy jury trial in this case in June 1992. The jury found that all the Defendants had acted negligently. Specifically, the jury determined that the percentage of negligence attributable to North American Resources ("NARC") was 84%; the percentage of negligence attributable to Mose Cohen & Sons, Inc. ("Mose Cohen") and/or I. Deutch & Sons, Inc...

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