Groomes v. Fox

OPINION

In this action to recover damages for injuries sustained in an automobile collision, the jury found for the defendants, Groomes and Whittlesea Blue Cab. The court granted a new trial since, in its view, there had occurred a manifest disregard by the jury of the instructions of the court. NRCP 59(a)(5).

The plaintiff below, Louis Fox, was a passenger for hire in the Whittlesea cab driven by Groomes. Before picking up Fox, Groomes noticed that his brakes were “mushy,” radioed that information to the dispatcher and was told to bring the cab in after his next fare. Mr. Fox and wife were the…