Wilson Ex Rel. Wilson v. Shumate

COIL, Commissioner.

Patricia Wilson, by her next friend, recovered a verdict and judgment for $15,000 in her damage action for personal injuries allegedly resulting from defendant’s negligence. The trial court sustained defendant’s after-trial motion to set aside plaintiffs judgment and enter judgment for defendant on the grounds that plaintiff failed to make a submissible case and that plaintiff was contributorily negligent as a matter of law; and alternatively sustained defendant’s motion for new trial for the stated reason or reasons that “the verdict is excessive and against the weight of…