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Submitted: September 21, 2009

Before BYE, SMITH, and COLLOTON, Circuit Judges.

Augusta Fiberglass Coatings, Inc. (“Augusta”) appeals from an adverse jury verdict against it in a personal injury action filed by Doug McCoy and his wife, Linda McCoy. The McCoys alleged that Augusta manufactured a defective tank that proximately caused Doug McCoy’s injuries. The McCoys originally sued Lion Oil Company (“Lion Oil”)-where McCoy’s injuries occurred.*fn1 They then amended their complaint to state a cause of action for product liability against Augusta. Prior to trial, Lion Oil filed a third-party complaint against Custom Fiberglass Products, Inc. (“Custom”), McCoy’s employer, and Custom and Augusta filed cross-claims against each other. The McCoys settled with Lion Oil and Custom’s workers’ compensation carrier who had intervened in the case. The case ultimately proceeded to trial with Augusta as the sole defendant. Despite Augusta being the sole defendant at trial, the jury was allowed to apportion fault to McCoy and Lion Oil, applying comparative fault principles of Arkansas law. The jury found in favor of the McCoys, finding that Augusta was 70 percent at fault for McCoy’s injuries, Lion Oil was 20 percent at fault, and McCoy was ten percent at fault.

 
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