Merritt v. Wilkerson

JAMES D. CLEMENS, Special Judge.

Plaintiff recovered for injuries arising from a rear-end automobile collision. Defendant appeals, charging errors in plaintiff’s failure to negate contributory negligence in her verdict-directing instruction, prejudicial argument by plaintiff as to damages, and excessiveness of the $5,800 verdict.

The material facts are not in dispute. The defendant was called as a witness by the plaintiff, but otherwise offered no evidence. Plaintiff was a passenger in a Ford station wagon, riding behind its driver, 17-year-old David O’Dell. It was going north on Highway 67 in…