Berry Ex Rel. Berry v. Whitworth

SUMMERS, Judge.

These two cases were consolidated on appeal because they concern the same litigants and encompass the same set of facts.

Charles Berry, plaintiff-appellant, brought suit individually and as next friend of his minor son, Troy Berry, against William Whitworth, Sr., William Whitworth, Jr., Hayden McCary and Mrs. Hayden McCary, defendants-appellees. Plaintiff charged defendants with responsibility for the injuries, disfigurement, mental anguish and physical pain sustained by his son. He also sued for medical costs expended on behalf of his son and the loss of services of his son.…