McFarland v. Kelly

This action arose out of an automobile accident in which defendant ran into the rear of plaintiff’s ear. At the trial, the jury found defendant liable, but awarded plaintiff only $2,000 damages. Plaintiff moved for a new trial and the court granted the motion.

The principal conflict in the evidence at the trial concerned plaintiff’s injuries. It was established that shortly after the accident plaintiff was suffering from manifestations of a whiplash injury when she noticed a swelling on her neck under her chin about the size of a walnut. The swelling and her whiplash injury caused her some…