Connolly v. Pre-Mixed Concrete Co.

Plaintiff was injured when her horse became frightened by a cement mixer truck owned by defendant corporation and operated by its employee, defendant Stevens. The case was tried before a jury which returned a verdict in favor of plaintiff in the amount of $95,000. Defendants have appealed, contending that the trial court erred in giving an instruction on the doctrine of last clear chance and that the damages awarded are excessive.

Stevens made a left turn from Colusa Road onto Friars Road, a two-lane highway about 18 feet wide with dirt shoulders four feet wide on each side. He was then…