Pepsi Cola Bottling Co. Inc. of Indianapolis v. Polk

NEAL, Presiding Judge.

STATEMENT OF THE CASE

Defendant-appellant Pepsi Cola Bottling Co., Inc. of Indianapolis (Pepsi) appeals from a new trial order limited to the issue of damages entered in the Marion Superior Court setting aside a jury verdict and judgment in the amount of $15,000 in favor of plaintiff-appellee Steven Polk (Polk).

We affirm.

STATEMENT OF THE FACTS

The record discloses that on September 2, 1976, Polk, while motorcycling south on North Parker Avenue, Indianapolis, Indiana, approached and stopped at the intersection of East 10th Street, a heavily trafficked four-lane artery. In…