Gatenby v. ALTOONA AVIATION CORPORATION

OPINION

WEBER, District Judge.

In prior stages in this action we have determined that Pennsylvania law governs [259 F.Supp. 573, W.D.Pa.1966] and that defendant Altoona Aviation Corporation was liable for damages as a matter of law. [268 F.Supp. 599, W.D. Pa.1967].

This diversity death action was submitted to the jury on two issues; the vicarious liability of defendant Peterson arising from his relationship to the pilot and his transactions with defendant corporation; and the issue of damages. The jury found Peterson not liable and awarded damages to plaintiff. Both parties have moved for a new…