La Fata v. Busalaki

COIL, Commissioner.

Appellant, John Busalaki, defendant below, has appealed from the trial court’s order sustaining plaintiff’s motion for new trial following a defendant’s verdict in an action for $25,000 damages for personal injuries. The new trial was granted on the ground that giving defendant’s contributory negligence instruction 9 was error.

Plaintiff, a woman 30 years of age, had known defendant for a number of years and had been with him socially on numerous occasions. On the night in question, plaintiff and defendant met at a tavern in north St. Louis about 10:30 p. m. Thereafter,…