Smith v. Ullerich

This is an action seeking damages for personal injuries sustained by plaintiff-husband. Plaintiffs allege in separate divisions of the petition specific negligence, res ipsa loquitur and loss of consortium. At the close of evidence defendants moved for a directed verdict, to withdraw certain specifications of negligence and to withdraw the division based on res ipsa loquitur. The trial court withdrew the issue of res ipsa loquitur and overruled the other parts of the motion.

Following a jury verdict for defendants, the trial court sustained plaintiffs’ motion for a new trial and defendants…