Berryman v. Quinlan

WARD, J., pro tem.

Plaintiff, by her guardian ad litem, brought suit against the defendants for personal injuries, alleging wilful misconduct. A jury returned a verdict against the plaintiff. Defendants appeal from the trial court’s order granting a motion for a new trial, based on the ground of the insufficiency of the evidence.

Appellants in their opening brief exhaustively quote and argue almost persuasively from cited wilful misconduct cases in an effort to uphold their contention that defendant Quinlan, the driver of the car at the time of the accident, was not guilty of wilful misconduct,…