Emerick v. Carson

MONTGOMERY, Judge:

Plaintiff-Appellants, William Emerick and Marie Emerick, instituted this action in trespass seeking to recover damages for injuries sustained by William Emerick when he was struck by an automobile driven by the Defendant-Appellee, Roger Martin Carson. The jury which considered the evidence attributed 70% of the causal negligence to Appellant William Emerick and 30% of the causal negligence to Appellee. Because the jury found Appellant’s negligence to be greater than Appellee’s, a recovery was denied and the jury did not address the issue of damages. Appellants filed this…