Warriner v. Eblovi

This is an appeal from a final judgment of $30,000.00 for plaintiff (after she complied with an order of remittitur of the trial court of $15,000.00 from the jury’s award of $45,000.00) for personal injuries. The injuries resulted from a collision of defendant’s one-and-one-half ton delivery truck with the rear end of plaintiff’s station wagon at 4519 West 69th Street, Prairie Village, Kansas, on December 18, 1967.

Under their Point I, defendants contend that the court erred in giving plaintiff’s Instruction No. 4 for the reason that “it applied the Missouri strict liability concept in a rear…