UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 98-41376
Summary Calendar
ROBERT MCGOWEN,
Plaintiff-Appellee,
VERSUS
WAL-MART STORES, INC.,
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of Texas
(6:96-CV-458)
July 7, 1999
Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Robert McGowen ("plaintiff") filed this lawsuit in Texas state
court alleging that he fell from a defective step ladder which was
an unreasonably dangerous condition at a Wal-Mart store in
Henderson, Texas. Wal-Mart removed the case to federal court
pursuant to 28 U.S.C. § 1441(c). The case proceeded to trial
before a jury. Wal-Mart moved for judgment as a matter of law
pursuant to Fed. R. Civ. P. 50 at the close of plaintiff’s case.
*
Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
The trial court denied Wal-Mart’s motion. The case was submitted
to the jury who found that McGowen was fifty percent (50%)
negligent and Wal-Mart was fifty percent (50%) negligent and
awarded damages in the amount of $200,000. Wal-Mart renewed its
motion for judgment as a matter of law and moved for new trial or
remittitur post-verdict. The district court denied the motions and
entered a Final Judgment based on the jury verdict. Wal-Mart
appealed.
We have carefully reviewed the briefs, the reply brief, the
record excerpts and relevant portions of the record itself. We
find no reversible error in the trial court’s entry of judgment on
the jury verdict and no reversible error in the trial court’s
denial of Wal-Mart’s motions for judgment as a matter of law, for
new trial, and for remittitur.
AFFIRMED.
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