Lutz v. Shelby Mutual Insurance

On appeal, defendants contend that a new trial should be granted because the trial court erred in instructing the jury on the duty of a motorist to yield to a pedestrian in an unmarked crosswalk and in refusing to give the emergency instruction. The defendants also argue a new trial is warranted in the interest of justice because of the perverse nature of the verdict as reflected by the finding of no negligence on the part of the plaintiff and the award of excessive damages for pain, suffering and disability. The plaintiff cross-appealed, contending that the trial court erred in ordering a…