Gustin v. Susnar

This is an action for damages for personal injuries. After all the evidence had been introduced, the court instructed the jury that defendant was liable for damages as a matter of law. The jury returned a verdict for $21,277.80, of which, apparently, $1,277.80 was for special damages. The trial court denied defendant’s alternative motions for judgment notwithstanding the verdict and for a new trial.

Defendant makes two assignments of error: (1) that the court should have given the requested cautionary instruction against allowance of punitive or exemplary damages “by reason of any sympathy you…