Gaynor v. Horwitz

SMITH, Commissioner.

Defendant appeals from a judgment of $5000 awarded in accordance with a jury verdict in an automobile accident case. Defendant’s attack is on the sufficiency of the evidence to support the giving of plaintiff’s verdict directing instruction, (MAI 17.16) allowing recovery under the rear-end accident • doctrine. Defendant also challenges the damage instruction on the basis it allowed the jury to assess future damages and the evidence failed to establish permanent damages.

Plaintiff’s testimony established that he was driving in the underpass on the Third Street Highway in St.…