Hamilton v. Killian

Defendants Robert W. Killian and Lorraine Killian appeal from the denial of their motion for a new trial. They argue that a new trial is required on the grounds that the evidence does not justify the verdict, that the court erred in permitting plaintiffs to reopen their case in chief to provide additional foundation testimony, and that the final argument of plaintiffs’ counsel was prejudicial. We affirm.

Plaintiffs were injured in a head-on automobile collision which occurred on November 8, 1969, on County Road No. 28 in Mille Lacs County. The driver of the other vehicle, Darrell Wester-lund,…