Simmons v. Shomer

HOGAN, Judge.

This is an action for the wrongful death of plaintiffs husband. The plaintiff joined both defendant Jones, operator of the vehicle in which the deceased was riding, and defendant Shomer, operator of the vehicle with which the Jones car collided. Verdict and judgment were in favor of the plaintiff and against defendant Shomer in the sum of $12,000, but in favor of defendant Jones. Upon plaintiff’s motion, the trial court set the judgment aside and granted plaintiff a new trial as to both defendants, in each case upon discretionary grounds. Though we take it that in this situation…