Phipps Ex Rel. Phipps v. Bisceglia

MONTGOMERY, Judge.

James Phipps sued Ken Patterson and Frank Phillip Bisceglia to recover damages for personal injuries resulting from an auto collision. The jury awarded Phipps $1,000 in damages against Patterson alone. From the judgment entered Phipps appeals. He urges that the jury was improperly selected ; that as to Patterson the verdict was erroneous; and that as to Bisceglia a sudden emergency instruction should not have been given.

Phipps contends that the jury was improperly selected. After his counsel had struck three names from the jury list and returned the list, the clerk changed…