Beranek v. Mulcare

Plaintiff was riding his motorcycle when it was hit from the rear by an auto owned and operated by defendant. Plaintiff filed this action seeking general and special damages for personal injuries and, in a second count, for damages to his motorcycle.

A jury returned a verdict for plaintiff for his damages to the motorcycle and awarded plaintiff $5,429.23 as special damages for medical expenses and lost wages. The jury awarded no general damages. Counsel for plaintiff then moved for a mistrial. However, the trial court sent the jury back for further deliberations after instructing them that…