Platt v. Schwindt

SANDERLIN, Judge.

This is an appeal from a final judgment awarding appellants, Mr. and Mrs. Platt, total damages of $10,000.00 and $52,000.00 respectively, less 65% due to Mrs. Platt’s comparative negligence. They raise three points on appeal; only one merits discussion. Essentially, the Platts argue that an improper delivery of jury instructions hampered the jurors’ deliberations and therefore, deprived them of their full measure of damages. We agree and reverse.

The pleadings and evidence presented at trial established the following facts. In the spring of 1984, the Platts, residents of South…