This section contains the nature of the case and procedural background.

Two wrongful death suits and twenty-two personal injury actions were filed on behalf of children who were in a bus at the time of a crash. The issue submitted to the six-person jury was over negligent design of the braking system, and the jury returned a verdict for P in the amount of $70,000 each in the wrongful death cases. The court granted judgment n.o.v. and in the alternative a new trial on the ground that the verdict was not supported by the evidence. P appealed.

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