Moyer v. Prinkey & Son, Inc.

By JUDGE ALFRED D. SWERSKY

This matter is before the Court on Plaintiff’s Motion for a New Trial. The Court has overruled the Motion on two of the grounds asserted but took the third ground of the Motion under advisement. The issue raised by Plaintiff is the giving of Defendant’s Instruction H,1 referred to as the "mere happening" instruction. Plaintiff argues that this instruction is inconsistent with Plaintiff’s Instruction 6,2 referred to as the "rear-ender" instruction. Defendant argues that these instructions are not inconsistent and merely restate the appropriate burdens of proof as to…