Patterson v. Donahue

Kelly, Justice.

Defendants appeal from a judgment in plaintiff’s favor and the denial of their motion for a new trial. Reversal is sought on the grounds that plaintiff’s attorney argued to the jury the effect of a special verdict, the trial court refused an instruction to the jury specifically removing from them the right to consider future earning capacity, and the damages were given under influence of passion and prejudice and are excessive. We affirm.

On November 15, 1967, plaintiff, Michael R. Patterson, was driving his car on a service road after leaving his employer’s plant. He stopped…