Wells v. National Indemnity Company

Two questions are raised on this appeal: (1) Does a defendant who has impleaded a third-party defendant for contribution have a right to make a rebuttal argument after the plaintiff has made his rebuttal; and (2) did the court err in finding the damage award excessive on the ground there was no evidence of loss of earning capacity.

The facts of the accident are not complicated or crucial to the points raised. There were two theories of how the accident occurred. According to the plaintiff and the host-driver Mrs. Bauer, they were proceeding west on Middle avenue in the city of Beloit and had…