DeBolt v. Wallace

The plaintiff was injured when the motorcycle he was riding was struck by an automobile. He brought suit and obtained a verdict and judgment for $36,000. On this appeal defendant contends the trial court erred in refusing to give a special interrogatory on the due care of plaintiff, in refusing to grant a mistrial based on the alleged prejudicial conduct of plaintiff’s attorney, and in refusing to grant a continuance at the request of defendant.

The tendered interrogatory was as follows:

“Was the plaintiff, at the time and immediately prior to the occurrence in question, in the exercise of due…