Donald v. Southwestern Bell Telephone Co.

CARL R. GAERTNER, Presiding Judge.

Plaintiffs, Donald and Helen Shine, sued Southwestern Bell Telephone Company alleging that Donald sustained personal injuries caused by defendant’s negligence on September 6, 1974. A jury assessed Donald’s damages at $30,000 and his wife’s damages for loss of consortium at $5,000. The jury also determined defendant to be 60% at fault and Donald, 40%. The trial court sustained the defendant’s motion for new trial designating instructional error as the grounds. Plaintiffs appeal.

Before addressing the merits of the appeal we are constrained to sustain the…