Heath v. Joyce

This is the second occasion that this personal injury action has been before the court on a motion for new trial. On the first trial, suit was initiated by both Jane Heath and her husband who was the driver of one of the vehicles involved. A jury verdict was rendered for the defendant as against Jane Heath, but this court granted plaintiff’s motion for a new trial due to error in the trial court’s instruction to the jury Heath v. Joyce, 111 N.H. 309, 282 A.2d 668 (1971). Upon retrial in February 1973, a jury returned a verdict of $40,000 for Jane Heath. Based on exceptions taken during the…