Nickal v. Phinney

Howard, District Judge.

Plaintiff appeals from a verdict and judgment in his favor of $12,613.97, assigning as error that the verdict is inadequate and unresponsive and that the trial court erred in allowing expert testimony as to the speed of plaintiffs motorcycle at the time it struck defendant’s pickup truck, which was turning left across plaintiffs path. In issue was the contributory negligence of plaintiff, the submission of which defense to the jury is not complained of.

A neurosurgeon who examined the plaintiff shortly before trial testified that, in his opinion, based upon…