Asmus v. Barrett

On March 14,1969, plaintiffs’ automobile collided with a trailer owned by the Barrett Advertising Company. The trailer had broken loose from a tractor driven by Bruce J. Wieland, an employee of the company, crossed the centerline and struck plaintiffs’ car. Mrs. Asmus, a passenger in the car driven by her husband, suffered a fracture of the first lumbar vertebra. Mr. Asmus was not injured.

Plaintiffs filed suit on April 29, 1969; a default judgment was entered and plaintiffs were awarded damages.

Defendants raise four points on appeal:

First, defendants claim that the trial court’s refusal to…