## Facts

- Dobbs Houses, Inc. contracted with United Air Lines, Inc. to cater flights departing Atlanta, including loading food into United’s “cold buffet,” a heavy cabinet-like galley unit that slid on floor tracks and was secured by lever latches.
- Dobbs’s assigned task included loading the buffet and latching it into place; its responsibility ended once the unit was latched.
- During a United flight on April 23, 1972, the buffet slid out of position and obstructed an emergency exit.
- Flight attendant Kathleen G. O’Gee attempted to push the buffet back into position and injured her back.
- O’Gee experienced prolonged pain, consulted multiple physicians, and underwent a laminectomy in May 1973 to remove a herniated disc.
- After time off work, United returned O’Gee to flight duty on smaller aircraft, and she later maintained strong performance and attendance.

## Issues

1. Whether the evidence under Georgia law was sufficient for the jury to find Dobbs negligent and that its negligence proximately caused O’Gee’s injury.
2. Whether the jury’s $170,000 damages award was excessive, warranting appellate intervention through remittitur or a new trial on damages.
3. Whether the catering contract required Dobbs to indemnify United for costs arising from the incident, making dismissal of United’s counterclaim erroneous.

## Decision

- The court affirmed the judgment finding Dobbs liable for negligence under Georgia law.
- The court held the $170,000 award excessive and remanded with instructions to grant a new trial on damages unless O’Gee accepted a remittitur to $85,000.
- The court found no abuse of discretion in admitting challenged medical expert testimony under Federal Rule of Evidence 703, while cautioning against experts serving as conduits for inadmissible hearsay.
- The court reversed dismissal of United’s counterclaim for contractual indemnification and remanded for further proceedings on that claim.
- A separate concurrence agreed with the remittitur disposition but disagreed with the majority’s assessment of the evidence supporting non-economic damages.

## Legal Principles

- Under Georgia negligence law, a “scintilla” of evidence is sufficient to submit negligence and causation to the jury; foreseeability may support an inference of breach and causation when unsecured heavy equipment poses a risk of injury.
- Causation questions ordinarily belong to the jury unless the evidence overwhelmingly points the other way.
- Federal appellate courts may review civil jury awards for excessiveness and may condition affirmance on remittitur or order a new trial limited to damages, while giving weight to the trial judge’s evaluation of the record.
- Under Federal Rule of Evidence 703, an expert may base an opinion on information reasonably relied upon in the field, including medical records and other physicians’ reports; courts should still guard against transmitting inadmissible hearsay without an adequate records foundation.
- Contractual indemnity clauses are enforced according to their allocation of risk; where the agreement shifts catering-related costs to the caterer absent gross negligence by the airline, the airline may pursue indemnification for qualifying costs.

## Conclusion

The Second Circuit upheld the jury’s finding that the caterer negligently failed to secure a heavy aircraft galley unit, but limited recovery by ordering a conditional new trial on damages unless the plaintiff accepted a reduced award, and it reinstated the airline’s contractual indemnification counterclaim based on the parties’ risk-allocation agreement.


O'Gee v. Dobbs Houses, Inc., 570 F.2d 1084 (2d Cir. 1978)