Civil Procedure Keyed to Friedenthal
Denman v. Spain
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Plaintiff, a minor, was driving with her grandmother when their car was involved in a fatal head on accident with the Defendant’s vehicle. Plaintiff survived and sued the deceased Defendant’s estate claiming his negligent operation of his vehicle caused her personal injuries. At trial, Plaintiff offered photographs of the damaged vehicles and the testimony of two witnesses. Both witnesses claimed they saw Defendant driving at a high rate of speed, but that to their knowledge he was on the correct side of the road. There were no eyewitnesses to the actual accident, as the survivors could not remember the accident details. Plaintiff claimed it could be inferred that the accident would not have happened, but for the negligent manner in which Defendant drove his car, compounded with the bad weather and his excessive driving speed. The jury came back with a verdict for the Plaintiff and awarded her $5,000. Defendant moved for a judgment notwithstanding the verdict and was granted i t.
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