Barger v. Mizel

1 Plaintiff in error, as plaintiff in the trial court, brought an action to recover damages for personal injuries received in a one car automobile accident. The amended petition charged the accident resulted from negligence of defendant Mizel, owner of the vehicle, of the driver Lang, and the General Motors Corporation, manufacturer of the vehicle involved. At the trial plaintiff dismissed the action as to the corporate defendant. The trial court sustained a demurrer to the evidence as to defendant Mizel, after which the jury returned a verdict against the operator, Lang. The appeal was dismissed as to Lang, and the single issue presented by this appeal involves the propriety of the trial courts order and judgment in respect to defendant Mizel.