Sondergard v. Kansas City Power & Light Co.

TURNAGE, Judge.

Robert L. Sondergard and Rita A. Son-dergard filed suit against Kansas City Power & Light Company (KCPL) for injuries sustained by them when their automobile was struck by another automobile which had swerved to avoid a pole belonging to KCPL which obstructed much of the traveled portion of the street. The jury returned a verdict in favor of KCPL but the court granted the Sondergards a new trial. KCPL contends the court granted a new trial on a discretionary ground which was not timely raised and for erroneously admitting evidence which was in fact proper. Reversed and remanded.