Dennis R. Morley and Marion Schaffer v. Stephen Branca v. Dennis R. Morley, in No. 71-1222. Appeal of Marion Schaffer, in No. 71-1223

OPINION OF THE COURT

Pursuant to Fed.R.Civ.P. 42, the liability and damage aspects of this case— involving an automobile collision — were tried separately to the jury. At the conclusion of the liability phase, the jury found the defendant, Stephen Branca, driver of one of the cars, solely responsible for the accident. After hearing testimony on damages, the jury awarded Dennis Morley, driver of the second car, $1,500, and Marion Schaffer, passenger in the second car, $4,350. Plaintiffs have appealed from the verdict and judgment on the ground of inadequacy, asking that they be granted new…