Kinder v. Pursley

CLEMENS, Judge.

Mrs. Jeanette Kinder (hereafter “plaintiff”) was the guest-passenger in defendant Jeannine Pursley’s car when it ran off the unguarded end of a roadway being constructed by defendant Boyd Contracting Company. Plaintiff and her husband sued both Pursley and Boyd.

The jury returned a verdict in favor of host-driver Pursley but gave plaintiffs verdicts for $15,000 and $3,000 respectively against Boyd. The trial court granted Boyd’s motion for a new trial on the ground it had erred by failing to define the words “adequate warning” used in plaintiffs’ verdict-directing instructions.…