Yates v. Large

This is a personal injury action arising from an automobile accident. The verdict of the jury was that defendant was 57 percent negligent; that plaintiff was 43 percent negligent, and that plaintiff’s total damages were $11,462.50. Plaintiff appeals from the resulting judgment for $6,533.63.

Plaintiff assigns as error the refusal of the court to instruct the jury that in assessing damages in a personal injury action the jury shall not consider the ability of the defendant to pay. Plaintiff contends that it was error to refuse to give that instruction because defendant "interjected into the…