David L. Morrison, Cross-Appellants v. Frito-Lay, Inc., and Marilyn L. Taggart, Cross- Margaret E. Tepper Johnson v. Roseland M. Bostwick

GEE, Circuit Judge,

concurring in part and dissenting in part:

I concur in Judge Rives’ lucid and scholarly opinion in this close and troubling cause, except for its reversal of the trial court’s modest judgment non obstante. It is fair to .say that many of the jury’s findings rest on evidence which is thin and that some of the inferences drawn by it approach conjecture and speculation. Notwithstanding, I conclude with the majority that in all respects but this the line is not crossed. With the award for Mr. Morrison’s pain and suffering, however, the evidence seems to me to dwindle to a scintilla; and I would defer to the judgment of the trial court, which heard officer Prevost’s testimony.