Fehrman v. Smirl

Plaintiffs Fehrman first contend that the trial court erred in not changing the answer to Question One of the verdict from “No” to “Yes,” and in then not answering the unanswered causation question “Yes,” so as to entitle plaintiffs to judgment on the special verdict for the damages found by the jury. Should they not prevail with respect to this contention, they then request a new trial because the trial court erred: (1) In its rulings on evidence, (2) in certain instructions included in the charge to the jury, and (3) in refusing to give an instruction grounded on res ipsa loquitur. In…