Wagoner v. Hurt

HOGAN, Judge.

Defendant Jack Hurt’s automobile collided with a vehicle being driven by plaintiff Charles Wagoner. Claiming severe personal injuries, plaintiff brought this action for damages. Upon trial a jury found for the plaintiff and assessed his damages at $15,-000. Defendant appeals. Two questions are presented. The first is whether the plaintiff’s case was properly submitted under the “rear-end collision” doctrine; the second is whether the jury was prejudicially misinstructed upon the issue of liability or upon the issue of damages. The answer to the first question is yes; the answer…