Rieth-Riley Construction Company, Inc. v. McCarrell

Lybrook, J.—

Plaintiff-appellee McCarrell was awarded damages in the sum of $111,150.00 for injuries sustained when his automobile collided with a piece of pipe which had entered the traveled portion of State Road *3 near New Castle while being dragged along the berm of the road by defendant-appellant, Rieth-Riley Construction Co., Inc. Rieth Riley’s appeal presents the following issues for review:

1. Whether the jury was improperly instructed upon loss of earnings as an element of damages.

2. Whether the damages were excessive.

3. Whether the court erred in refusing to give two of defendant’s…