Mosell v. Estate of Marks

HABHAB, Judge.

In a personal injury action arising from an automobile accident, defendant appeals a judgment entered on a jury verdict awarding damages to plaintiffs. Defendant contends the district court erred in failing to instruct the jury on the sudden emergency instruction; in submitting improper negligence instructions; and in failing to grant a new trial due to excessive damages. We reverse.

Leonard and Donald Marks resided in Nebraska. During the Christmas holidays in 1986, they visited their four brothers living in the Des Moines area. On December 27, 1986, near dusk, Leonard Marks was…