Duffer v. Royal Dodge, Inc.

MARTIN (Harry C.), Judge.

This is the second time this case has been tried and appealed. In the first trial, plaintiffs’ claims for personal injuries and damages to their car based on negligence were dismissed at the close of plaintiffs’ evidence. On appeal, plaintiffs did not bring forward or argue an assignment of error based upon the dismissal of their claims of negligence, and this Court held the assignment of error was abandoned by plaintiffs. The dismissal at the first trial thus became the law of the case on that issue, and it is res judicata and binding upon the court in the second…