Tinker v. Northwest Airlines, Inc.

FREED, District Judge.

The action is for wrongful death arising out of an airplane accident occurring in Wisconsin. Defendant Martin moves to strike certain matter from the complaint, for a statement in separate counts, and for a dismissal of the second cause of action.

Assuming, arguendo, that the wrong measure of recovery has been stated, the motion to strike need not be granted. No prejudice to the defendant will result for the jury will be instructed on the correct measure of damages after all the facts are fully developed at trial and the pleadings need not necessarily be sent to the jury.…