Denley v. Mutual of Omaha

(Pro Tempore).

This is an action at law brought to recover for “confining total loss of time” benefits allegedly accrued under an insurance policy issued by defendant. The case was tried before a jury which returned a verdict for the plaintiff for $8,530. The trial court entered judgment on the verdict.

The question presented on appeal is did the trial court err in the following particulars: (1) In denying defendant’s motion for a directed verdict at the close of the testimony; (2) In permitting plaintiff to amend his complaint during the course of the trial; and (3) In failing to give two of…