UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
decided: July 11, 1972.
LEON H. HARDING, JR., AND LEON H. HARDING, JR., INC.
CHARLES R. TRIMMER, III, APPELLANT IN NO. 71-1610, AND ROADWAY EXPRESS, INC. V. CLARENCE WALLACE ET AL., THIRD PARTY-DEFENDANTS. APPEAL OF ROADWAY EXPRESS, INC., IN NO. 71-1611
Van Dusen, Gibbons and James Rosen, Circuit Judges.
Author: Per Curiam
Opinion OF THE COURT
In this action based on diversity of citizenship, a judgment for plaintiff against the defendants, Charles R. Trimmer, III, and Roadway Express, Inc., based on a jury verdict is challenged on the ground that said defendants were entitled to a directed verdict or a new trial because of insufficient evidence and inconsistent answers to interrogatories which constituted the jury verdict. After careful consideration of the record, we have concluded that there was sufficient evidence to permit the jury to find that the defendant Trimmer was negligent and that such negligence was a substantial factor*fn1 in causing the injuries to plaintiff. Also we believe that the jury was justified in finding that the negligence of the third-party defendants, found by it in answer to interrogatory 3, was not a substantial factor in causing the injuries to plaintiff.*fn2