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GILPIN v. LANGAN

No. 85-5513.

789 F.2d 1034 (1986)

Richard T. GILPIN and Ruth Gilpin, his wife, Appellees, v. Alyssa E. LANGAN, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 8, 1986.

Attorney(s) appearing for the Case

James M. Scanlon, (Argued), Scanlon, Howley, Scanlon & Doherty, Scranton, Pa., for appellant.

David A. Howell, (Argued), Clarks Summit, Pa., for appellees.

Before: WEIS and SLOVITER, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this diversity personal injury case, the district court granted a directed verdict for plaintiff on the question of liability. As the driver of one of two automobiles involved in a head to head collision, the plaintiff's conduct would be a matter for consideration under the state's comparative negligence statute. We conclude that the issue of the plaintiff's possible negligence should have been submitted to the...

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