Diamond

An airplane piloted by Martin Diamond and An another piloted by California Highway Patrol Officer Gary Lee Grow collided in midair; both pilots were killed instantly. The widow of each pilot, as administratrix of his estate, filed a wrongful death action. The two cases were consolidated for trial; the issue of liability was tried first, resulting in jury verdicts in favor of the Estate of Grow in both cases. In Diamond v. Grow, plaintiff Diamond filed notice of appeal. Subsequently, in Grow v. Diamond, the issue of damages was tried before another judge and a different jury. Diamond then appealed in that action also, but raised no issue as to the damage phase of the trial. As the sole issue presented by both appeals is liability, counsel stipulated that the two appeals might be consolidated for hearing.

The consolidation for trial caused some confusion because in the action Grow v. Diamond the Estate of Diamond was defended as to liability by one firm of attorneys, while in the Diamond wrongful death action a different attorney represented Mrs. Diamond, administratrix of the estate. The attorney for Mrs. Diamond filed the notice of appeal in each case, although he did not act as…