Clarke v. Brockway Motor Trucks

OPINION

BECHTLE, District Judge.

This is a products liability case based on diversity of citizenship of the parties. The trial of the issues was bifurcated on the questions of liability and damages. After returning a verdict for the plaintiff on the issue of liability, the jury heard evidence as to damages and awarded plaintiff $89,650 as compensation for injuries sustained. The defendant has filed a motion for judgment notwithstanding the verdict and, in the alternative, a motion for a new trial.

The following facts were basically uncontradicted at trial: Plaintiff, Oscar Clarke, testified that…