Greyhound Corporation v. Juanita Jean Blakley, a Minor, by Her Guardian Ad Litem, Sidney W. Blakley

This is an action based on diversity of citizenship, 28 U.S.C. § 1332 . The plaintiff is a citizen and resident of the State of Washington. The defendant is a corporation organized and existing under and by virtue of the laws of the State of Delaware. The matter in controversy exceeds, exclusive of interest and costs, the sum of $3,000.00.

The defendant appeals from a judgment based upon a jury’s verdict which awarded plaintiff the sum of $78,097.50 for injuries sustained by the plaintiff while riding as a passenger in the defendant’s bus. Defendant also appeals from an order of the trial court denying defendant’s motion for a new trial or, in the alternative, for a judgment in favor of defendant notwithstanding the verdict.

The specifications of error of the trial court relied upon by the defendant are as follows:

1. Failure to grant defendant’s motion for dismissal at the close of the plaintiff’s case based upon the insufficiency of the evidence;

2. Failure to grant defendant’s motion for a directed verdict at the close of the taking of all testimony;

3. Failure to grant defendant’s motion for a judgment in its favor notwithstanding the verdict;

4. The giving of an…