Abee v. Stamm

OPINION AND ORDER

MARSH, District Judge.

The plaintiff administrator brought this diversity action under the Pennsylvania Wrongful Death and Survival Acts against James Stamm and Milton J. Sokolovich. The jury trial resulted in verdicts in favor of the plaintiff and against Sokolovich in the total amount of $70,000 and in favor of Stamm.

The plaintiff timely moved for a new trial against Stamm. He contends that the court erred in permitting counsel for Stamm in cross-examination of Officer Dante Colaluca to elicit matters of defense to the prejudice of the plain*407tiff. He also contends that the…