McDaniels v. Hall

CROSS, Judge.

Plaintiff sued to recover $5,000.00 damages for bodily injuries allegedly sustained in a collision between automobiles driven by the respective parties. Upon trial to a jury plaintiff’s case was submitted solely under the rear end doctrine. The jury returned a unanimous verdict in favor of defendant, upon which judgment was duly entered. Thereafter, and more than thirty days after filing date, plaintiff’s motion for a new trial was sustained on the ground the trial court erred in giving defendant’s Instruction No. 4 submitting the issue of plaintiff’s contributory negligence.…