Cyrus v. Martin

The plaintiffs brought this action to recover for personal injuries sustained by Warren Cyrus, who will be referred to herein as the plaintiff, when his pickup truck was struck in the rear by an automobile driven by the defendant Gary A. Martin. The pickup truck was disabled and was being pushed along Trent Avenue, in Spokane, by the plaintiff. It was about 2:30 a.m., and there was evidence tending to show that the truck was not lighted at the time of the collision.

The jury returned a verdict for the plaintiff which the trial court found to be inadequate. A new trial was ordered on the issue…