Bogard GMC Co. v. Henley

HATHAWAY, Judge.

The plaintiff, Millard A. Henley, obtained a verdict and judgment in the sum of $72,000 in a personal injury action against the defendant for injuries incurred in an accident on December 12, 1957.

This case has been tried three times. The first trial in 1959 resulted in a verdict and judgment in favor of the plaintiff. The judgment was reversed on appeal 1 and remanded for a new trial which resulted in a hung jury. The appeal which we are presently considering is from the verdict and judgment rendered on the third trial. The pertinent facts are as follows.

Plaintiff, a truck…