Gragg v. Hutchinson

Plaintiff appeals an order granting defendant’s motion for a new trial after the jury had returned a verdict in favor of plaintiff. We reverse and remand with instructions to the trial court to reinstate the general judgment.

The material facts are undisputed. Plaintiff’s truck was stopped at a drive-through window when a car'driven by defendant’s mother, decedent,1 struck the rear of his truck. Plaintiff sued, alleging that decedent negligently caused the accident and that plaintiff suffered injuries to his shoulders, back, and neck as a result.

The case was tried to a jury. Because defendant…