Heimos v. Bruce

HIGGINS, Commissioner.

Action for $100,000 damages for personal injuries in which a jury awarded plaintiff a verdict of $50,000. Defendants’ motion for new trial was sustained and plaintiff has appealed from the order granting a new trial.

On November 2, 1959, plaintiff was operating a pickup truck southwardly on Telegraph Road in St. Louis County and was struck from behind by a truck owned by defendant Heitz Lumber Company and driven by defendant Richard McLean Bruce. Plaintiff charged defendants with negligence of following too closely and under the rear end doctrine, and alleged that such…