Klein v. Hollings

Opinion OF THE COURT HUTCHINSON, Circuit Judge. Appellants, John S. Hollings, Ryder Truck Rental, Inc., Tennessee Kartage, Inc. and Ryder Temperature Control Carriage, Inc. (collectively ""the Defendants""), appeal a November 26, 1990 order of the United States District Court for the Eastern District of Pennsylvania. That order granted Appellees, Jane Klein and her husband Douglas Klein (""the Kleins""), a new trial after a jury returned a verdict in favor of all the Defendants in an action arising from an October 18, 1988 automobile accident. The Defendants also appeal the judgment entered against them as a result of the second trial in which a second jury found them 90% negligent, and the district court's denial of their motion for judgment n.o.v. or for another new trial. In this respect, the Defendants argue that the district court abused its discretion in granting the Kleins a second trial. They contend that the district court committed a number of errors during the second trial which mandate vacating the judgment and remanding for a third trial.