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

OPINION OF THE COURT

MARIS, Circuit Judge.

In this case the plaintiff, Patricia Ann Levin, brought suit against the defendants, Wear-Ever Aluminum, Inc., and Edmond Kennedy, Jr., in the District Court for the Eastern District of Pennsylvania to recover damages for injuries suffered by her in an automobile accident. Defendant Kennedy was the driver of the automobile which struck her and she alleged that defendant Wear- Ever Aluminum, Inc., was his employer or principal.

At the first trial of the case, defendant Wear-Ever Aluminum, Inc., made a motion at the close of the plaintiff’s case, and…