Toothman v. Brescoach

Relia Toothman is aggrieved by a jury award for damages she sustained when appellee David Alex Brescoach drove into the back of the car in which she was a passenger. On appeal, Ms. Toothman alleges that the circuit court erred in denying her motion for a new jury panel, in failing to grant a new trial because of an inadequate jury award for pain and suffering and in giving jury instructions. Because we find Ms. Toothman’s assignments of error are without merit, we affirm the decision of the Circuit Court of Marion County.

I

FACTS AND BACKGROUND

On October 5, 1991, Ms. Toothman, a passenger in a…