Minter v. Clements

Error is assigned to the action of the trial court in submitting this tort action to the jury on the issue of damages alone. Counsel for the defendant (plaintiff in error) admits her primary negligence, but urges that the evidence raised a jury issue of the plaintiff’s contributory negligence. The sole question, then, is whether the court should have granted an instruction respecting the plaintiff’s contributory negligence, and should have permitted the jury to determine the issue.

Linda Gayle Clements brought this action, by her next friend, to recover damages for personal injuries sustained…