Phennah v. Whalen

The plaintiffs, Haydn P. Phennah and Dorothy E. Phennah, appeal the dismissal of this cause on a challenge to the sufficiency of their evidence at the close of the defendants' case. The dispositive question presented for our consideration is whether the defendants are entitled to a dismissal when the plaintiffs fail to proffer an evidentiary basis for the segregation of damages among successive tort-feasors. We answer in ‘the negative and therefore reverse the judgment of the trial court dismissing this action.

Dorothy E. Phennah, a woman in her mid-sixties with a preexisting osteoarthritic…