Charlton v. Jeffries

KAROHL, Judge.

A jury awarded plaintiff Harold E. Charl-ton, Jr. $7,500 in damages for personal injuries sustained in an automobile accident. The jury assessed 45% fault to Charlton, Jr. and 55% fault to defendant Adam G. Jeffries. Charlton, Jr. appeals, contending the trial court erred in allowing Jeffries and third-party defendant Ronald Wintjen three peremptory challenges each. We reverse and remand for a new trial.

On March 29,1992, Charlton, Jr. saw a car in a ditch on Route O. He stopped his truck to see if assistance was needed. Wintjen also saw the car in the ditch and stopped his…