Stephen Granat, as Administrator of the Estate of Mary A. O'keefe, Deceased v. Walter Schoepski

This is an appeal from judgments for defendant in three automobile collision eases, consolidated for trial and tried to the court without a jury.

The actions arose out of a collision between a Buick driven by Mary O’Keefe and a Pontiac driven by defendant Walter Schoepski, on a bridge near Malta, Montana. Mary O’Keefe sustained injuries which caused her death, and Walter Schoepski sustained permanent bodily injuries.

The actions were filed in the state court by the administrator and by the husband of Mary O’Keefe and were removed by Schoepski to the United States District Court. Schoepski answered and counterclaimed for damages for his own injuries.

The trial court, relying upon the evidence of three eye witnesses, found that Schoepski exercised due care and was on the proper side of the bridge at the time of collision, and that Mary O’Keefe, in the Buick, had negligently crossed into the wrong lane and had caused the accident. The court rejected contrary testimony of plaintiff Raymond O’Keefe, a passenger in the Buick, and the opinion testimony of Police Officer Hardesty, who testified to the point of impact as reconstructed from the debris found at the scene.

On the basis of…