Menneti v. Evans Construction Co.

KRAFT, District Judge.

This diversity action to recover damages for the death of a minor by drowning is governed by the substantive law of Pennsylvania. The jury rendered a verdict against both defendants, awarding damages of $45,000 in the survival action and $385 in the wrongful death action. Decision was reserved on defendants’ motions for directed verdict at the close of all the evidence. Defendants filed post-trial motions, under F.R. C.P. 50(b), 28 U.S.C.A., for judgment n. o. v. or, alternatively, for a new trial.

Viewing the evidence in the light most favorable to the plaintiff, the…