Mondella v. Erie Lackawanna Railroad

This complicated maritime tort case involved at the outset four parties and nine claims, cross claims, counterclaims, and claims over. Dismissals and withdrawals occurred during trial, so that at the end there were three parties, one claim, and one claim over. The case went to the jury on seven written questions, which the jury answered clearly and coherently. In sum, they found in plaintiff’s favor on liability and fixed his damages at $2,000.

It had been obvious to all that plaintiff expected his recovery to reach the jurisdictional limit of the court. Not surprisingly, then, he moved to set…