(DOWNLOAD) "Freda Thornton v. Waymon "Gene" Vonallmon" by Springfield District Missouri Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Freda Thornton v. Waymon "Gene" Vonallmon
- Author : Springfield District Missouri Court of Appeals
- Release Date : January 17, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Plaintiff Freda Thornton sustained injuries when the automobile in which she was riding as a passenger left the road and struck
an embankment. She instituted this action to recover damages for her injuries against defendant Vonallmon, who was driving
the automobile, and defendant Mesecher, who owned it, but dismissed the action as to Mesecher. Plaintiff has had a verdict
and judgment in the sum of $10,000, and the defendant appeals. The assignments of error are that the trial court unduly limited
defendant's cross-examination of witness P. D. Baker, Jr., that the court erred in refusing to discharge the jury because
of plaintiff's improper argument to the jury, and that plaintiff's verdict-directing instruction was prejudicially erroneous.
No claim is made that the verdict is excessive. Plaintiff's evidence was that on February 17, 1968, she went to a tavern near West Plains, Missouri, went to the bar, and
ordered a glass of beer. Shortly thereafter, Baker came in the tavern, joined the plaintiff, and the two drank beer, talked,
and played shuffleboard. While they were there, defendant Vonallmon arrived and "sat down at the far end of the bar." Inferably,
at least, the plaintiff, Baker and Vonallmon remained at the tavern for some time drinking beer, talking, and playing the
"shuffleboard" and pinball machine. Vonallmon left and returned with a late model sports car. Then, according to Baker, Vonallmon
"wanted to take me for a ride ... I said I didn't care nothing about going he talked me into it and I asked him what was
the capabilities of it's speed and he said a hundred and forty miles an hour." Baker asked if the defendant intended to drive
the automobile "like that," and Vonallmon promised he wouldn't "do over forty-five miles an hour." Baker asked the plaintiff
to go along. Plaintiff was hesitant, but Vonallmon promised her "he wouldn't go over thirty-five so we got in the car."
 "Freda Thornton v. Waymon "Gene" Vonallmon" by Springfield District Missouri Court of Appeals ~ eBook PDF Kindle ePub Free){kind=link}