Neely v. Martin K. Eby Construction Co., Inc.

Petitioner brought this diversity action in the United States District Court for the District of Colorado alleg*319ing that respondent’s negligent construction, maintenance,.and supervision of a scaffold platform used in the construction of a missile silo near Elizabeth, Colorado, had proximately caused her father’s fatal plunge from the platform during the course of his employment as Night Silo Captain for Sverdrup & Parcel, an engineering firm engaged in the construction of a missile launcher system in the silo. At the close of the petitioner’s evidence and again at the close of all the…