Smith v. Darring

Marilyn Kay Smith appeals from the trial court's denial of her motion for new trial. Smith's motion alleged inadequacy of the damages awarded to her by the jury. We reverse and remand.

Smith sued Matthew G. Darring, alleging negligence and wantonness in regard to an automobile accident. The record reflects the following facts. On Thursday, February 18, 1993, Smith stopped her automobile in traffic after a school bus stopped in front of her. Darring's automobile struck Smith's from the rear. The impact knocked Smith's automobile off the road, where it rolled over into a concrete drainage ditch…