Whittaker v. Cole

CULLEN, Commissioner.

Upon a jury verdict Lucas Cole recovered judgment against McKinley Whittaker in the amount of $25,000 as damages for personal injuries sustained by Cole when he was struck by Whittaker’s automobile. Whittaker appeals, contending that (1) a verdict should have been directed in his favor because Cole as a matter of law had assumed the risk, and (2) the damages are excessive.

Cole owned and operated a small commercial garage in which there was a hydraulic hoist or grease rack used to raise *894cars for greasing and similar servicing. There was a space of four feet between the…