Dekker v. Lubbehusen

Plaintiff was awarded a $2,000 verdict following a jury trial for the wrongful death of his wife. Shortly after the date of the verdict, plaintiff moved for a new trial limited to the question of damages or, in the alternative, for additur. Plaintiffs motion was denied and he now appeals as of right.

Plaintiffs wife was killed in an automobile accident while riding in her father’s car with her sister when the car hit a curb and flipped over, partially ejecting her from the passenger’s window. The principal issue at trial concerned the determination of who was driving the vehicle at the time of…