Corbett v. Snitzer

CLEMENS, Presiding Judge.

Humanitarian negligence case. As plaintiff turned across the street into a private driveway defendant drove into the side of her car. Plaintiff submitted her case under MAI 17.15 on the theory of defendant’s humanitarian negligence. She got a $4,000 verdict but on defendant’s after-trial motion, the court granted a new trial for lack of evidence to support the humanitarian instruction.

Plaintiff appeals, contending the evidence did make a submissible humanitarian case. We consider the evidence in the light most favorable to plaintiff and accord her the benefit of all…