Winter v. Elder

DIXON, Chief Judge.

Plaintiffs were a passenger who sued for personal injuries and the driver who sued in a separate count for property damage and for loss of use of the vehicle during the repair. The trial court submitted the count for personal injury to the passenger and a jury verdict was returned in favor of the plaintiff on that count. The trial court dismissed the count for property damage and for loss of use before submission to the jury.

The driver-plaintiff appeals contending his claim was properly pleaded and proven, and that he was entitled to a submission of the claim to the jury.

Def…