Duffy v. Clippinger

LEVIN H. CAMPBELL, Chief Judge.

This appeal raises the question whether the district court was within its discretion when it denied plaintiffs motion for a new trial, after a jury trial at which a late-discovered witness was not allowed to testify. In the special circumstances of this case, we hold that the district court abused its discretion and that a new trial should be held.

This was a diversity action for negligence. A car driven by William Ross struck and killed an intoxicated pedestrian, Brendan Duffy, on Martha’s Vineyard. The plaintiff, Duffy’s widow, sued Ross for wrongful death,…