Pozzie v. Mike Smith, Inc.

Plaintiff, Frank Pozzie, brought this action to recover damages for personal injuries sustained while he was unloading a trailer owned by defendant, Mike Smith, Inc. After a trial by jury, judgment was entered for plaintiff in the amount of $15,000. On appeal plaintiff contends that the damages awarded were palpably inadequate and requests a new trial solely on the issue of damages. Questions concerning evidentiary rulings and jury instructions are also raised.

The record establishes that plaintiff was employed by International Harvester as an industrial fork lift driver. As part of his…