Layton v. Rocha

(retired).

Personal injury action by Raphael G. Rocha, hereinafter referred to as “plaintiff”, against Mike Lee Layton, hereinafter designated “defendant”. Trial before a *370jury. Verdict and judgment in favor of plaintiff for $25,000.

Defendant brings the matter here and submits for our consideration three assignments of error, (1) erroneous instruction on the subject of contributory negligence, (2) failure of the trial court to order a mistrial because of reference to insurance, and (3) instructing the jury that it may give more general damages than prayed for in the complaint.

In order to…