Nationwide Prop. & Cas. Ins. Co. v. McKay

T. S. Ellis, III, United States District Judge

This diversity declaratory judgment action arises from a dispute over the cause of the tragic death of 23-month old Elijah Nealey while in the care of his babysitter, Jessica Anne Fraraccio ("Fraraccio"). Because the parties sharply disputed whether Fraraccio caused Elijah Nealey's death, a jury trial was held which resulted in the jury answering the following three questions:(i) Has plaintiff proved by a preponderance of the evidence that the death of Elijah Nealey was not an accident?(ii) Has plaintiff proved by a preponderance of the evidence…