De Jean v. Great American Indemnity Co.

HUNTER, Judge.

This action is one based on negligence and arises under the diversity of citizenship jurisdiction of the court. Defendant, Great American Indemnity Company, was the liability insurer of a third party whose negligence allegedly caused the accident in which plaintiff’s wife suffered a fracture of the left leg and subsequently died. The action is brought for her death.

On October 13, 14 and 15, 1954, the case was tried on its merits resulting in a verdict of the jury in favor of plaintiff in the amount of $10,000. At the close of plaintiff's case and all of the evidence, defendant…