1. Whether the Magistrate Judge erred as a matter of law in granting a Rule 50(a) motion for directed verdict when (a) both parties' experts agreed that petitioners were permanently injured; (b) the state law supports Petitioners' position.

2. Whether, given the state law split, should the courts have permitted the case to be decided by the jury or refer it to the highest court for settlement of the conflicting case law.

3. Whether the federal court has no power to invalidate one branch of state case law created by trial and intermediate appellate courts, while sitting in diversity.

Whether the Magistrate Judge erred in granting a Rule 50(a) motion for directed verdict