Rankin v. White

This is an action for personal injuries resulting from an automobile accident in which plaintiff’s car was “rear-ended” by defendant’s car shortly after the trailer hitch broke on defendant’s car, which was towing a boat on a trailer. The jury returned a verdict for defendant. Plaintiff appeals from the judgment on that verdict.

At the conclusion of plaintiff’s testimony, but before resting her opening case, plaintiff made a motion to amend her complaint to conform to the proof. The motion was to add specifications of negligence for failure to inspect the trailer hitch. There was evidence that…