Gervais v. Kostin

The issues presented on this appeal are: (1) Was Gervais, not Olsen, the driver at the time of the accident;(2) Did the trial court commit prejudicial error in restricting the use of the deposition of th¿ respondent Olsen;(3) Was the negligence of the respondent Olsen, as a matter of law, greater than the negligence of the appellant Kostin;(4) Was the negligence of the respondent Olsen imputed as a matter of law to the respondent Gervais; and(5) Were the damages awarded to Gervais excessive?

Operator of motorcycle.

Both Gervais and Olsen testified that at the time of the collision Olsen was the…