Davis v. Hinman

HOWELL, J.,

pro tempore.

This is an action to recover damages for physical injuries incurred by plaintiff when she fell while skating at defendants’ roller skating rink. The jury returned a verdict for plaintiff for special damages only. Plaintiff’s motion for a new trial was allowed, and defendants appeal.

Plaintiffs fall resulted in a broken wrist. There was evidence that her medical expenses amounted to $276.95. The trial court instructed the jury that plaintiff was seeking $12,500 general damages and $297.97 special damages. The jury was not instructed that before special damages could be…