Wilkerson v. State Farm Mutual Automobile Insurance Co.

HOGAN, Chief Judge.

This is an action upon the uninsured motor vehicle provisions of an automobile insurance policy issued by defendant State Farm Mutual Automobile Insurance Company to plaintiff’s husband, Silas Wilkerson. Plaintiff obtained a jury verdict in the amount of $5,500. The trial court ordered a new trial on all issues 1) for error in giving Instruction No. 3, plaintiff’s verdict directing instruction; and 2) for error in admitting plaintiff’s testimony that she was the mother of five children. Plaintiff appeals.

Both parties have misjudged the posture of this case on appeal, and…