Arnel ex rel. Luadzers v. Roettgen

WASSERSTROM, Presiding Judge.

This is a suit for personal injuries in which the jury returned a verdict for defendant. The trial court sustained plaintiff’s motion for a new trial, stating as grounds therefor error in the submission of Instruction No. 2. Defendant appeals, seeking a reinstatement of the jury verdict.

At the close of the evidence, plaintiff submitted and the court gave Instruction No. 3 which was a verdict director and Instruction No. 2 on the burden of proof. Defendant submitted and the court gave Instruction No. 5 which directed a verdict for the defendant if the jury found…