Mastin v. Theirjung

In this personal injury case, the primary issue is whether the evidence required the jury to find that the plaintiff suffered compensable injury in an automobile collision caused by the defendant’s negligence. Additionally, we determine whether the trial court erred in: (1) granting an instruction dealing with the plaintiffs burden of proving her damages; (2) permitting the defendant to call the plaintiff solely for impeachment purposes; and (3) allowing evidence of the plaintiffs background of drug and alcohol abuse.

On Friday, May 16, 1986, about 7:00 p.m., Valerie J. Mastin was a passenger…