[Download] "Lautenschlager v. Hamburg and Others" by Supreme Court of Appeals of West Virginia * eBook PDF Kindle ePub Free

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eBook details

• Title: Lautenschlager v. Hamburg and Others
• Author : Supreme Court of Appeals of West Virginia
• Release Date : January 04, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

This is an appeal from the judgment of the circuit court for Winnebago county and from an order denying the plaintiffs motions after verdict. This appeal arises out of an automobile accident which occurred on July 13, 1963, on Elmwood avenue, a level two-lane street in the city of Oshkosh. The plaintiff was driving in a generally southerly direction on Elmwood avenue, and the defendant was proceeding in the opposite direction heading north. At the point where the accident occurred, the street curves to the left as viewed from the plaintiffs point of view. The defendant was driving a Chevrolet automobile on the inside of the curve. He, however, failed to turn properly, failed to negotiate the turn, and crossed over the center line into the lane in which the plaintiff was driving. The left-front bumper of the defendants car struck the left rear quarter panel and the left end of the plaintiffs station wagon. The plaintiff, Nora O. Lautenschlager, instituted this action to recover her medical expenses, damages for personal injury, and repair expenses for her automobile. The jurys verdict found the defendant 90 percent negligent and the plaintiff 10 percent negligent. The verdict awarded the plaintiff $1,000 for medical expenses, $311 for damages to her car, and $2,500 for personal injuries. On motions after verdict, the trial Judge denied the plaintiffs request that the special verdict answers be changed to provide that the defendant was 100 percent negligent and that the plaintiff should receive $1,562.76 for medical expenses. It also denied the plaintiffs motion to set aside the jurys verdict as inadequate in regard to personal injuries and to set such sum as a fair-minded jury would have given.

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