Phelps v. Red Star Express Lines

MEMORANDUM ORDER

WEBER, Chief Judge.

This is a diversity negligence action. Plaintiffs are Dean Allen Phelps and his wife, Anna M. Phelps. Defendant is Red Star Express Lines, a New York corporation. The complaint avers that on March 17, 1976 an agent of defendant operated a tractor trailer in a negligent fashion so as to violently collide and strike the rear end of a truck being operated by plaintiff Dean Allen Phelps. Plaintiffs seek redress for medical expenses, loss of earnings, impairment of earning capacity, and pain and suffering.

The case is presently before the Court on Defendant’s…