Bell v. Kirby

Dorothy Mae Kirby sued Richard Clark Bell for personal injuries sustained when Bell, who was driving a van, struck Kirby as she was crossing a street. Bell admitted liability. The case was tried to a jury on the question of damages. The jury returned a verdict of $60,000.00 in favor of Kirby. After the trial court disposed of certain post-trial motions, it entered judgment on the verdict.

Bell makes four assignments of error, but chief among these is his contention that the trial court should have set aside the verdict and awarded a new trial because Kirby was brought into court in a…