American State Bank, Trust Department v. Mayer

MARTIN, Circuit Judge.

American State Bank (appellant), as Guardian of the Estate of Ann Higbee, brought this action to recover for injuries that Ann Higbee suffered after she was struck by an automobile driven by appellee, Lynette List Mayer. The jury rendered a verdict in favor of appellee and judgment was entered accordingly. Appellant’s motions for a judgment notwithstanding the verdict and a new trial were denied. Appellant appeals from the judgment and the adverse rulings on said motions. We reverse and remand for a new trial on all the issues.

Ann Higbee, a seventy-eight year old woman,…