Toole v. Toole

Bussey, Justice:

In this guest-passenger, wrongful death action the jury returned a verdict for actual damages in the amount of $2,500.00. Contending that the verdict was “completely and wholly inadequate”, the appellant-plaintiff promptly moved for a new trial, and the appeal is from the denial of such motion. Relative to the damages involved, we quote the following from the agreed statement of the case:

“Jimmy Toole was eleven years of age at the time of the collision, and was survived by his parents, Rosa Lee Toole, age 49, and Howard Toole, age 51, the statutory beneficiaries under the…