Eoff v. Senter

HOUSER, Commissioner.

This is an action for actual and punitive damages. A trial jury returned a verdict for plaintiff for $325 actual and $2,000 punitive damages and defendant appealed.

The petition in one count alleged that plaintiff was struck by defendant’s automobile as a result of defendant’s negligence in failing to warn, in failing to maintain a careful lookout, and (in paragraph V) in negligently starting up his automobile “while the plaintiff was in front of said automobile in a position of danger of being struck and collided with by the automobile of the defendant.” In paragraph VI…