Swersky v. McPeek

John J. McPeek, a police officer, brought this action for personal injuries received while on duty when his motorcycle collided with an automobile operated by Harry Swersky. A jury trial resulted in a verdict for McPeek for $5,200, and we granted Swersky a writ of error to the judgment entered thereon. Swersky’s liability is not in issue. The dispositive question for our determination is whether the trial court erred in instructing the jury that in assessing damages they might take into consideration, among other factors, any humiliation or embarrassment suffered by McPeek.

The accident…