Schrum ex rel. Schrum v. Ciscell

CLEMENS, Commissioner.

Plaintiff sought damages for injuries she sustained when defendant drove his pickup truck into her stalled automobile. She submitted her case under the humanitarian doctrine, and got a verdict for $5,000. Judgment followed, and when defendant’s after-trial motion was denied he appealed.

The issues raised here: Did the favorable evidence show that plaintiff’s peril became obvious in time for defendant to avoid the collision by stopping or swerving? Was it error to permit plaintiff’s medical witness to answer a hypothetical question over defendant’s general objection? Was…