Wilson v. Tabor

NUGENT, Judge.

Plaintiff appeals from a judgment for defendant in this personal injury action arising from his fall from defendant’s automobile. Although plaintiff argues only that defendant’s improper injection of contributory negligence in closing argument was error in this case submitted to the jury on the humanitarian doctrine of negligence, defendant argues that even if this were so, plaintiff was not prejudiced because he failed to make a submissible case. We reverse and remand for new trial.

1. Submissibility

We consider first the threshold question of whether plaintiff made a…