Civil Procedure Keyed to Cound
Ziervogel v. Royal Packing Co
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Plaintiff Ziervogel sued Defendant Royal Packing Company for personal injuries. Plaintiff alleged that she was injured by a truck driven by Defendant’s employee and suffered injuries to her “neck, back, spine and nervous system.” At trial, Plaintiff’s counsel introduced evidence that Plaintiff suffered from a shoulder injury and elevated blood pressure. A jury returned a verdict for Plaintiff. Defendant moved for a new trial, which was denied. Defendant appealed arguing that Plaintiff did not claim she sustained elevated blood pressure or a shoulder injury due to the accident complained of in the pleadings. Defendant contends that these are special damages and Plaintiff cannot recover unless they are specifically pled.
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