Smith v. Danyo

OPINION

MUIR, District Judge.

The Plaintiffs have filed this complaint pursuant to 28 U.S.C. § 1332 alleging that the Plaintiff Janet Smith was injured as a result of the negligence of J. Joseph Danyo, M.D. The trial in this case commenced before a jury on July 11, 1977. As a result of a reference to insurance made by counsel for the Plaintiffs in his opening statement, the Court granted that day the motion of the Defendant for a mistrial and also set the case on the December, 1977 trial list in Harrisburg, Pennsylvania. On October 19, 1977, Plaintiffs filed affidavits alleging that I had a…