Bernal v. Bernhardt

180 N.W.2d 437 (1970)

Celestino BERNAL, Appellee,

v.

Roger Eugene BERNHARDT, Appellant.

No. 53865.

Supreme Court of Iowa.

October 13, 1970.

Westfall, Laird, Burington, Bovard & Heiny, Mason City, for appellant.

Fitzgibbons & Fitzgibbons, Estherville, for appellee.

STUART, Justice.

A pedestrian who was struck by defendant's automobile as he was crossing State Highway 9 in a 45 mile per hour zone in the town of Thompson brought this action to recover damages for the resulting personal injuries. The jury returned a defendant's verdict. The trial judge sustained plaintiff's motion for new trial on the…