Kephart v. Backhaus

A blessing of this meager award places another brick in the ever-towering wall that prevents fair verdicts and adequate damages for the innocent injured. It is to be remembered and emphasized that appellant was blameless; appellee admitted liability and called not one witness to refute appellant’s damage claims.

As the majority opinion states, the trial court awarded appellant $1,500 “for any wages lost due to the accident and for pain and suffering.” This finding of fact, lumping off damages, makes it impossible to determine at the appellate level what amount of the award is attributable to…