O'Neal v. Southern Railway Co.

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

This is an action by the personal representative of a decedent’s estate for *1116damages for the (instantaneous) wrongful death of such decedent, based upon diversity of citizenship and the requisite jurisdictional amount. 28 U.S.C. §§ 1332(a)(1), (c). The plaintiff and the defendant stipulated that they had entered into, subject to the Court’s further order, a pretrial settlement of the issues of both liability and damages.

The plaintiff brought this action for the benefit of such decedent’s surviving statutory next-of-kin, T.C.A. § 31-201, who are…