Patricia Ann Levin v. Wear Ever Aluminum, Inc. And Edmond Kennedy, Jr

OPINION OF THE COURT

GANEY, Circuit Judge.

This diversity action was brought to recover damages for personal injuries sustained on December 4, 1964. On that day, plaintiff, Patricia Ann Levin, was walking south across 34th Street at the intersection of Chestnut Street in Philadelphia, Pennsylvania, and was struck by a car driven by Edmond Kennedy, Jr., who had just finished calling on a prospective customer about an order for some “Wear-Ever” products and was then on his way to see another. Plaintiff sued both Wear-Ever Aluminum, Inc. (“the Company”) and Kennedy. At the trial, plaintiff…