Kindle v. Keene

HOGAN, Judge.

This is an action for damages for personal injuries sustained by the plaintiff when her automobile struck the rear part of defendant’s truck. The defendant had a verdict. The trial court granted plaintiff a new trial on two grounds of instructional error, specifically: 1) Defendant’s verdict-directing instruction, which submitted plaintiff’s failure to act after danger of collision became apparent — MAI 17.041 — in bar of plaintiff’s recovery, did not define the term “highest degree of care”; and 2) the specifications of contributory negligence submitted by the same instruction…