Masino v. Outboard Marine Corp.

MEMORANDUM OF DECISION

McGLYNN, District Judge.

The question presently before the court is whether, in a civil action where the jurisdiction of the United States District Court is based upon diversity of citizenship between the parties, the court is required to apply a state law prescribing that a five-sixths majority of jurors shall constitute the verdict *252of the jury instead of the federal rule requiring that jury verdicts be unanimous.

I. FACTS

On August 19, 1977, plaintiff, Sheila Masino, was operating her Lawn-Boy lawnmower when she reached into the chute which discharges the cut grass and…