McHone v. Montgomery Ward & Co.

OPINION

DAVID S. PORTER, District Judge.

This is a diversity action in which plaintiff Ronald McHone, a minor (who was two years of age at the time pertinent herein), seeks damages for personal injuries suffered on an escalator in defendant Montgomery Ward & Company’s store in Portsmouth, Ohio. Ronald’s father, Horace McHone, has already sued Montgomery Ward and the escalator manufacturer, Haughton-Peele Corporation, in state court (Scioto County Court of Common Pleas) for loss of his son’s services and for medical expenses. In the state action, the jury returned a verdict in favor of Ronald’s…