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FRANKEL v. TODD

No. 16364.

393 F.2d 435 (1968)

Alvin H. FRANKEL, Esquire, Guardian of the Estate of Nydia Pasceri, a Minor, Appellant, v. John H. TODD, Jr. v. Grayson MOORE, Jr., a Third-Party Defendant.

United States Court of Appeals Third Circuit.

Reargued November 6, 1967.

Decided April 10, 1968.

Rehearing Denied May 13, 1968.

Attorney(s) appearing for the Case

B. Nathaniel Richter, Richter, Lord, Toll, Cavanaugh, McCarty & Raynes, Philadelphia, Pa. (Donald J. Williams, Kenneth Syken, Philadelphia, Pa., on the brief), for appellant.

Peter P. Liebert, III, Liebert, Harvey, Bechtle, Herting & Short, Philadelphia, Pa. (James P. Gannon, Philadelphia, Pa., on the brief), for appellee.

Before STALEY, Chief Judge, and KALODNER and FREEDMAN, Circuit Judges.

OPINION ON REHEARING

KALODNER, Circuit Judge.

The critical question presented,1 is whether, at the trial of the minor plaintiff's personal injury action, the District Court erred in refusing, in the light of her undisputed disabling permanent injury, to submit to the jury, as an item of damages, the issue of impaired earning capacity.

Since jurisdiction is based on diversity of citizenship and the accident which led to...

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