Polk v. Biles

PHILLIPS, Judge.

The first question we resolve, the second argued, is whether the court erred in denying defendants’ motions for a directed verdict and judgment notwithstanding the verdict. The basis for the motions was not that the defendants were not negligent in driving their garbage truck into plaintiffs car, but that the evidence does not indicate that she was injured as a consequence. Injury, damage, or loss is, of course, a requisite of any negligence action. But the injury, damage or loss does not have to be either extensive, permanent, serious or substantial; it only has to be actual.…