Fish v. Ovalle

COLEMAN, Chief Justice.

This is an appeal from a judgment awarding damages for personal injury based on the doctrine of discovered peril. The defendant’s principal complaint on appeal is that the evidence is not sufficient to support the necessary jury findings.

At the time of the accident the plaintiff was an eighteen year old high school student. The defendant, who has since married the plaintiff’s brother, stopped her automobile in front of the plaintiff’s house. The plaintiff walked up to her car and greeted her. She asked him what he was doing outside. He told her in a “playing manner”…