Wadlow v. Donald Lindner Homes, Inc.

KAROHL, Judge.

Defendant Lindner Homes, Inc., appeals from a jury verdict in a personal injury action awarding $65,000 in damages to plaintiffs-respondents Mrs. Wadlow and her minor son. Defendant alleges four grounds of error in the judgment: (1) failure to grant a directed verdict or a judgment notwithstanding the verdict when the plaintiff did not prove negligence on the part of the defendant to warrant a res ipsa loquitur submission; (2) the res ipsa jury instruction was unclear; (3) failure to grant a mistrial when lay opinion evidence on an ultimate fact was submitted to the jury; and…