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TUNNELL v. FORD MOTOR CO.

No. 4:03 CV 00074.

385 F.Supp.2d 582 (2005)

John Witten TUNNELL, Plaintiff, v. FORD MOTOR COMPANY, Defendant.

United States District Court, W.D. Virginia, Danville Division.

September 2, 2005.

Attorney(s) appearing for the Case

Fred Dempsey Smith, Jr., James W. Haskins, Young, Haskins, Mann, Gregory & Smith, P.C., Martinsville, VA, for Plaintiff.

John R. Reid, Jr., Cabaniss Smith Toole & Wiggins PL, Maitland, FL, John W. Smith, Ronald E. Cabaniss, Julie A. Childress, Brian K. Telfair, Bowman and Brooke LLP, Richmond, VA, for Defendant.

MEMORANDUM OPINION

MOON, District Judge.

This matter is before the Court on Plaintiff's Motion for a New Trial. For the reasons that follow, the motion shall be denied.

I.

On October 25, 2004, the Magistrate Judge entered a Report and Recommendations regarding Plaintiff's first motion for sanctions. The Magistrate Judge recommended imposing a jury instruction stating that the following fact had been established: "[w]hether in a collision...

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