Penn v. Hartman

STEWART, Judge.

Plaintiff Worden P. Penn, a pedestrian, was struck by an automobile driven by defendant Tanya K. Hartman. After a jury verdict for defendant, the trial court granted a new trial to plaintiff on the ground that “The Court erred in permitting defendant ... to argue contributory negligence when plaintiff’s case was submitted under the humanitarian doctrine . . . ” Defendant appeals from that order. Plaintiff contends that the order of the court granting a new trial can also be sustained on two other grounds raised in his motion for new trial. He alleges that the court erred when…