Martin K. Eby Construction Co., Inc. v. Sandra Lee Neely, by Her Legal Representative and Guardian, Cecile v. Neely

PICKETT, Circuit Judge.

This is a diversity action brought by the Guardian of Sandra Lee Neely, a minor, to recover damages from Martin K. Eby Construction Company, Inc. for the alleged wrongful death of her father, Gary Lee Neely. It was alleged that Neely’s death was proximately caused by Eby’s negligence in the construction, maintenance and supervision of a scaffold, or platform, located in a missile silo being constructed near Elizabeth, Colorado, for the United States. Eby admitted the death of Neely but denied that it was negligent or that its acts were the proximate cause of Neely’s…