Merit Insurance Company, an Illinois Corporation v. Anthony Colao

SWYGERT, Circuit Judge.

This diversity suit was started in 1975. The complaint, as amended, contained three counts. Count I alleged negligence; Count II — gross negligence; and Count III— fraud. At the pretrial stage, the district court dismissed the negligence counts for failure to state a claim and proceeded to try the fraud issue to a jury. For four months, November 1,1977 to February 28,1978, the plaintiff presented its case. On March 1, 1978 the trial judge granted motions for directed verdict in favor of all the defendants. From these adverse rulings, plaintiff appeals.

I

Merit is an…