Alvin H. Frankel, Esquire, Guardian of the Estate of Nydia Pasceri, a Minor v. John H. Todd, Jr. v. Grayson Moore, Jr., a Third-Party

OPINION ON REHEARING

KALODNER, Circuit Judge.

The critical question presented, 1 is whether, at the trial of the minor plaintiff’s personal injury action, the District Court erred in refusing, in the light of her undisputed disabling permanent injury, to submit to the jury, as an item of damages, the issue of impaired earning capacity.

Since jurisdiction is based on diversity of citizenship and the accident which led to this action occurred in Pennsylvania the law of that Commonwealth applies.

Necessary to our disposition of the stated question are these facts:

On May 13, 1961, the minor…