Malcomson v. Pool

allegedly sustained by plaintiff when his car was struck from behind as he slowed or stopped on a highway preparatory to making a left turn into a roadside gas station and restaurant. Jury verdict was for plaintiff in the sum of $2,000. Plaintiff moved for new trial on the issue of damages only or, in the alternative, on all issues. The motion was granted, but new trial was limited to the issue of damages only. Defendant appeals.

Some five months after the accident, plaintiff underwent surgery to effect a spinal fusion. Medical expenses were $1,980.65. The trial court, in granting the limited…