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Watson v. Dillon Companies, Inc.

United States District Court, Tenth Circuit

December 26, 2013

WAYNE WATSON and MARY WATSON, Plaintiffs,
v.
DILLON COMPANIES, INC., d/b/a KING SOOPERS, also d/b/a INTER-AMERICAN PRODUCTS, INC.; INTER-AMERICAN PRODUCTS, INC.; THE KROGER CO. d/b/a KING SOOPERS, also d/b/a DILLON COMPANIES, INC., also d/b/a INTER-AMERICAN PRODUCTS, INC.; GLISTER-MARY LEE, CORP.; BIRDS EYE FOODS, INC. and JOHN DOE DEFENDANTS 9-20, Defendants.

THIRD AMENDED FINAL JUDGMENT

WILEY Y. DANIEL, District Judge.

Pursuant to and in accordance with Fed.R.Civ.P. 58(a) and the Notice of Dismissal as to Certain Claims Only, filed on November 4, 2010, by the Honorable Walker D. Miller, United States Senior District Judge, and incorporated herein by reference as if fully set forth, it is

ORDERED that the third-party complaint of Gilster-Mary Lee Corporation is dismissed with prejudice, against Chemical Technologies, Inc., each party to pay his or its own costs and attorneys' fees. Pursuant to and in accordance with Fed.R.Civ.P. 58(a) and the Order of Dismissal with Prejudice of Defendant, Birds Eye Foods, Inc., filed on September 6, 2012, by the Honorable Wiley Y. Daniel, Chief United States District Judge, and incorporated herein by reference as if fully set forth, it is

ORDERED that Defendant Birds Eye, Inc. is dismissed with prejudice.

THIS MATTER came before the Court and a jury of ten duly sworn to try the matter on September 4, 2012, the Honorable Wiley Y. Daniel, United States District Judge, presiding. On September 19, 2012, the jury returned its verdict as follows:

Verdict Form

Negligence Claim

Plaintiff Wayne Watson against Defendants Dillon Companies, The Kroger Co., and Gilster Mary Lee Corporation.

1. Has Wayne Watson proven by a preponderance of the evidence his claim of negligence against the Defendant Dillon Companies?

2. Has Wayne Watson proven by a preponderance of the evidence his claim of negligence against the Defendant Kroger Companies?

3. Has Wayne Watson proven by a preponderance of the evidence his claim of negligence against the Defendant Gilster-Mary Lee Corporation?

Strict Liability, Failure to Warn, Negligence, and Deceptive Trade Practices Claims

Plaintiff Wayne Watson against Defendants Dillon Companies, The Kroger Co., and ...


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