Stone v. Burell

Banke, Judge.

The plaintiffs, husband and wife, filed separate suits to recover for personal injuries and loss of consortium resulting from an automobile accident. The defendant counterclaimed for damages to his automobile, and the jury found in his favor, awarding him the full amount which he sought. The plaintiffs appeal. Held:

1. The plaintiffs contend that the trial court erroneously precluded the jury from considering comparative negligence by charging them as follows: “If you should determine from the evidence that the plaintiff failed to exercise ordinary care for her own safety and that…