Wellhausen v. Harris

SIMON, Presiding Judge.

An appeal from a post-trial order. Dorothy A. Wellhausen, plaintiff, filed this action for wrongful death in the Circuit Court of St. Charles County against William Harris, defendant, alleging that the death of her husband, Oliver, was due to defendant’s negligence in the operation of his tractor-trailer.

The jury found in favor of the defendant; however, the trial court sustained plaintiff’s motion for a new trial on the ground that defendant’s contributory negligence instruction1 was improperly given, in that, the “failure to keep a careful lookout” submission was not…