Duren v. Dougherty

TURNAGE, Judge.

Bernard Duren filed suit against George Dougherty for personal injuries and property damages resulting from an automobile accident. Dougherty and his wife, Dee, filed a counterclaim for personal injuries. The jury returned a verdict in favor of Duren for $18,000 personal injuries and $675 property damage and found in favor of Duren on the counterclaims. On this appeal Dougherty raises the decisive issue of *529error in giving Instruction No. 9 because it failed to follow the Notes on Use of MAI 4.01. Reversed and remanded.

From the evidence presented by Duren the jury could have…