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LEIZEROWSKI v. EASTERN FREIGHTWAYS, INC.

No. 74-1709.

514 F.2d 487 (1975)

Boruch LEIZEROWSKI, in his own right, and as husband of Klara Leizerowski, et al., Appellants, v. EASTERN FREIGHTWAYS, INC. and Raymond Kelly.

United States Court of Appeals, Third Circuit.

Decided April 15, 1975.

Attorney(s) appearing for the Case

Jeffrey M. Stopford, Philadelphia, Pa., for appellants; Beasley, Hewson, Casey, Kraft & Colleran, Philadelphia, Pa., of counsel.

Edward R. Paul, Philadelphia, Pa., for appellees; LaBrum & Doak, Philadelphia, Pa., of counsel.

Before SEITZ, Chief Judge, and ALDISERT and GARTH, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

We are to apply Pennsylvania law in this personal injuries diversity action and to decide whether the district court erred in submitting the question of the plaintiff-driver's contributory negligence to the jury and whether it was error for the court to charge that the plaintiff-passenger had the burden to prove her future pain and suffering to a "reasonable certainty." Because we conclude that the court erred...

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