DePaepe v. Walter

Henry J. DePaepe (plaintiff) sued Joseph Walter (defendant) for damages suffered in an automobile collision. After trial, the jury returned a general verdict of not guilty for defendant and made a special finding that plaintiff was contributorily negligent. The trial court entered judgment on the verdict and subsequently denied plaintiff’s post-trial motion.

Plaintiff appeals, arguing that the general verdict and special finding are against the manifest weight of the evidence and defendant’s injection of insurance and other collateral source payments into the trial requires reversal and…