WYATT v. CLENDANIEL


320 A.2d 738 (1974)

Franklin J. WYATT, Defendant Below, Appellant, v. James Carl CLENDANIEL, Administrator of the Estate of James Carl Clendaniel, II, Deceased, Plaintiff Below, Appellee.

Supreme Court of Delaware.

April 23, 1974.


Attorney(s) appearing for the Case

B. Wilson Redfearn, of Tybout, Redfearn & Schnee, Wilmington, for appellant.

Michael Joseph Rich, of Tunnell & Raysor, Georgetown, for appellee.

Before HERRMANN, Chief Justice, and CAREY and DUFFY, Associate Justices.


DUFFY, Justice:

In this automobile negligence case defendant appeals from a judgment notwithstanding the verdict and the grant of a new trial on the issue of damages.

The jury returned a verdict for defendant and, by answer to Special Interrogatory No. 2, found that he was not guilty of any negligence which proximately caused the accident.* The Trial Judge, however, set aside the verdict...

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