Jones Ex Rel. Auberry v. Allen

SMITH, Commissioner.

Plaintiff appeals from the action of the trial court in sustaining defendant’s motion for a new trial following a jury verdict and judgment in plaintiff’s favor of $8000. The court’s award of a new trial was based upon its conclusion that the damage instruction given (M.A.I. 4.01 with the parenthetical option relating to future damages) was unsupported by the evidence as to future damages.

In addition to seeking to uphold the court’s ruling on the motion for new trial, defendant also contends that plaintiff failed to make a submissible case under her theory of humanitarian…