Richard T. Gilpin and Ruth Gilpin, His Wife v. Alyssa E. Langan

OPINION OF THE COURT

WEIS, Circuit Judge.

In this diversity personal injury case, the district court granted a directed verdict for plaintiff on the question of liability. As the driver of one of two automobiles involved in a head to head collision, the plaintiffs conduct would be a matter for consideration under the state’s comparative negligence statute. We conclude that the issue of the plaintiff’s possible negligence should have been submitted to the jury. Accordingly, we will vacate a judgment for plaintiff and remand for a new trial.

After entry of the directed verdict, the jury returned a…