Winn v. Fry

Plaintiff sought to recover for injuries which she suffered in a rear-end automobile accident. The jury found for defendant. Plaintiff assigns as error the trial court’s refusal to rule that defendant was negligent as a matter of law and its failure to instruct the jury that plaintiff could recover damages, even though she had a preexisting injury. Because we conclude that the requested jury instructions should have been given, we reverse.

Regarding the first assignment of error, both this court and the Supreme Court have repeatedly held that, in all but unusual cases, negligence in automobile…