[DOWNLOAD] "Lynn James Hudson v. Ernest G. Carr" by Supreme Court of New Hampshire # Book PDF Kindle ePub Free
eBook details
- Title: Lynn James Hudson v. Ernest G. Carr
- Author : Supreme Court of New Hampshire
- Release Date : January 20, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The plaintiff recovered a judgment for $180,000 for personal injuries. The defendant appeals arguing, first, that the judgment for the plaintiff is barred because of collateral estoppel on the issue of contributory negligence, and, second, that plaintiffs damage instruction should have been modified in accordance with Note on Use No. 3 to MAI 4.01. The Court of Appeals, by unanimous action of the 14 Judges, transferred the case here for resolution of the collateral estoppel issue. We decide all issues in the case as on original appeal, Mo.Const. Art. V, Sec. 10, and conclude that the doctrine of collateral estoppel should be applied, necessitating a remand for reduction of the judgment. We do not find it necessary to order a new trial either on liability or on damages. We borrow certain portions of Judge Gerald M. Smiths opinion.