Ryan v. United Parcel Service, Inc.

FRANK, Circuit Judge.

This is an action under the New Jersey wrongful death statute. N.J.S.A. 2A:31-1 et seq. Jurisdiction rests on diversity of citizenship. Ryan was killed when his car collided with defendant’s truck driven by its employee Coyle. The issues were negligence and contributory negligence. Defendant appeals from a judgment entered on a jury verdict of $95,000 for plaintiff.

The accident occurred at the intersection of Avenue C and Schley Street, in Jersey City, New Jersey. Ryan was driving his car southerly on Avenue C. The parties stipulated as follows: The defendant’s truck was…