Opinion
No. 44541.
January 10, 1975.
Automobiles — negligence of drivers — intersection collision — verdict exonerating one — sufficiency of evidence.
Action in the Hennepin County District Court for personal injuries allegedly sustained by plaintiff as a passenger in a vehicle operated by defendant Paul R. Pangerl which collided with one operated by defendant Henry L. Parker. The case was tried before Tom Bergin, Judge, and a jury, which found in a special verdict that only defendant Pangerl was negligent, that his negligence caused the injuries, and that plaintiff's damages amounted to $20,000. The court ordered judgment accordingly, and plaintiff appealed from the judgment entered and from an order denying her alternative motion for judgment notwithstanding the verdict or for a new trial on the issue of liability only. Affirmed.
Ogurak Striker, Melvin Ogurak, and Myron H. Striker, for appellant.
Hoppe Healy and Robert J. Healy, for respondent.
Considered and decided by the court without oral argument.
This is a personal injury action arising out of an accident between an automobile owned and operated by defendant Paul R. Pangerl, in which plaintiff was riding as a passenger, and an automobile owned and operated by defendant Henry L. Parker. The jury exonerated Parker and found Pangerl's negligence to be the proximate cause of the accident. It awarded plaintiff $20,000. Plaintiff appeals on the grounds Parker was negligent as a matter of law.
The collision occurred when the automobile occupied by plaintiff was in the process of making a left turn at an intersection. There was a sharp conflict in the testimony as to the circumstances of the accident. The evidence concerning the physical facts, such as the damage to the vehicles, the point of impact indicated by debris on the highway, and the position of the cars after the accident is sufficient to support the verdict.
Other issues, not presented to the trial court, will not be considered for the first time on appeal.
Affirmed.