Herr v. Withers

Judge Harold R. Banke.

After a rear-end collision, James D. Herr sued Bridget L. Withers, alleging negligence. When the jury awarded Herr $10,000, approximately $3,000 less than his claimed special damages, he initiated this appeal. In his sole enumeration, Herr contends the trial court erred in instructing the jury that to recover, he had to establish within a reasonable degree of medical certainty that the injury was the result of Withers’ negligence.

The evidence on Herr’s damages was hotly contested, primarily because the parties disputed whether a preexisting jaw problem necessitated…