Brown v. Gonzales

I respectfully dissent. Upon reconsidering the evidence in this case, I find it extremely difficult to accept that any failure on the part of appellant contributed to the accident or that appellee was not negligent. The jury finding to that effect is so against the great weight and preponderance of the evidence as to be clearly wrong and unjust and as such would cause manifest injustice. The majority comments that the evidence is uncontradicted that appellant sustained physical pain and disfigurement, physical impairment, and loss of earning capacity in the future.

Appellant’s Motion for…