Gersch v. Kelso-Burnett Co.

Plaintiff, William Gerseh, filed a personal injury suit against defendant, Kelso-Burnett Company, for injuries he sustained on June 6, 1986, when his hand came in contact with live electrical wires. Defendant was the electrician on a construction site where plaintiff was injured. The jury returned a verdict for plaintiff. The trial court granted defendant’s post-trial motion for a new trial.

Plaintiff filed his petition for leave to appeal alleging that the trial court abused its discretion in ordering a new trial because (1) defendant was not surprised by plaintiff’s future wage loss claim…