KAREN RAIFORD Vs. U.S. INDUSTRIES/AMES LAWN & GARDEN TOOLS, NATIONAL UNION INSURANCE COMPANY, ROCKERY ACE HARDWARE AND ST. PAUL FIRE AND MARINE INSURANCE COMPANY

State: Louisiana

Court: Fifth Circuit Court of Appeals Clerk

Docket No: 2005-CA-0815

Case Date: 05/01/2006

Plaintiff: KAREN RAIFORD

Defendant: U.S. INDUSTRIES/AMES LAWN & GARDEN TOOLS, NATIONAL UNION INSURANCE COMPANY, ROCKERY ACE HARDWARE AN

Preview:KAREN RAIFORD * NO. 2005-CA-0815
VERSUS * COURT OF APPEAL
U.S. INDUSTRIES/AMES * FOURTH CIRCUIT
LAWN & GARDEN TOOLS,
NATIONAL UNION * STATE OF LOUISIANA
INSURANCE COMPANY,
ROCKERY ACE HARDWARE *
AND ST. PAUL FIRE AND
MARINE INSURANCE *
COMPANY * * * * * * *

JONES, J. DISSENTS WITH REASONS
This case presents a classic example of a plaintiff being denied fundamental
justice, and the majority herein find no error with her plight.
The very tool with which she was injured was surreptitiously withheld from
her until trial had commenced; no expert testing thereof; and yet, the district court
found that plaintiff did not prove her case. And, in fact, the district court chose to
adopt the expert testimony of an expert who also tested the wrong tool. Go figure.
I, therefore, respectfully dissent.

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