Myers v. Nelson

This action was brought by the plaintiff, Max Myers, to recover damages for personal injuries sustained by the negligence of the defendant, Francis Nelson, in driving his automobile into the rear of a truck driven by the plaintiff. The case was tried before a jury, a verdict was returned in favor of the plaintiff and against the defendant for $20,000 and judgment was entered upon the verdict.

Upon hearing of defendant’s post-trial motion for a new trial, the trial court ordered the plaintiff to accept a remittitur of $5,000 and further ordered that upon plaintiff’s failure to do so that a new…