Virgil Homer and Helen Homer v. Pabst Brewing Company

CUMMINGS, Circuit Judge.

Plaintiffs brought this tort action in diversity alleging that defendant Pabst Brewing Co. (“Pabst”) is liable for injuries sustained by Virgil Homer in a car accident involving the defendant’s employee, Randall Hendricks. The other plaintiff is Virgil Homer’s wife, Helen, and Hendricks was an additional defendant. This case raises the issue of the scope of a duty in a voluntary undertaking. For the reasons discussed below, we conclude that the district court should have granted Pabst’s motions for a directed verdict and judgment notwithstanding the verdict. Therefore…