Cashman v. Matson

This is an action to recover damages for personal injuries sustained by a pedestrian struck by an automobile in a shopping center parking lot. The case was submitted on a special verdict. The jury found plaintiff guilty of contributory negligence but also found that such negligence was not a direct cause of the accident. Damages were assessed in the amount of $45,260.

At the conclusion of the final arguments (which were not recorded), defendants moved for a mistrial on the ground that plaintiff disclosed to the jury the fact that they would have to find plaintiff free from contributory…