Pendeleton v. Werner Enterprises
Plaintiff suffered personal injuries when her automobile was rear-ended by a tractor-trailer driven and owned by defendants. The jury determined that defendants' negligence caused the collision and awarded plaintiff $5,700 and $1,200 for past medical expenses and past wage loss, respectively, and $11,400 in general damages. Plaintiff also requested that she be awarded $150,000 for future back surgery expenses and $10,000 for future wage loss attributable to undergoing that surgery. The jury awarded plaintiff the full amount for future medical and earnings loss. Both sides' motions for a new trial were denied by the trial court. Only defendants have appealed. Court conclude that plaintiff's violation of an order in limine prejudiced defendants. Therefore, we remand to the trial court for a new trial on damages only.
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