Davis v. Mullen

DEL SOLE, J.:

¶ 1 Appellant filed suit against Appellee for damages arising out of a motor vehicle accident. Appellee admitted liability. The jury awarded damages in the amount of $4,218.44. Appellant moved for the grant of a new trial. The trial court denied the motion. Appellant filed this timely appeal.

¶ 2 The accident occurred when Appellee fell asleep at the wheel, crossed the center line of a highway and struck Appellant’s truck with his vehicle, causing Appellant’s truck to travel up an embankment and turn over on its side. After the accident, Appellant was transported, via ambulance,…