McElwain v. Kabatoff

This is an action for damages resulting from personal injuries incurred in an automobile accident. Defendant appeals from a judgment for $45,000 entered pursuant to a jury verdict.

Defendant first assigns as error the trial court’s admission of evidence of the difficulty plaintiff experienced subsequent to the accident in doing lifting connected with his work. Defendant claims such evidence was inadmissible because plaintiff did not allege any impairment of earning capacity. There was no error because the evidence was relevant to the extent of plaintiff’s injury.

Defendant next contends the…