Douglas F. Warner v. Donat Rossignol v. State Farm Mutual Automobile Insurance Company, Intervenor-Appellee

LEVIN H. CAMPBELL, Circuit Judge.

This appeal involves the aftermath of a settlement which, to use the vernacular, became unstuck. Douglas F. Warner sued Donat Rossignol in tort under the diversity jurisdiction for injuries resulting from an accident. The issue of liability was tried first; and a jury returned special findings that Rossignol’s servant was “guilty” of negligence which was a proximate cause of the accident, and that plaintiff Warner was not so guilty. On March 1, 1974, the district court entered “judgment” for plaintiff against defendant “in an amount of damages to be determined…