Thibodeau v. Vandermark

In this negligence case brought by plaintiff-passenger Mark Thibodeau against defendant-driver Michael Vandermark for personal injuries sustained in a one-car accident, the jury returned a verdict in favor of the defendant. The plaintiff assigns error to the granting of instructions on sudden emergency and assumption of risk. He also complains of the deletion of language from a damage instruction which would have permitted him to recover for mental anguish had the jury found in his favor.

The evidence shows that the accident occurred on a rainy afternoon in November 1980 on Shreve Road in…