Harkins V. Ikeda

This is a negligence action arising out of a "rear end" automobile collision. On February 2, 1972, the circuit court granted the plaintiffs' motion for partial summary judgment on the issue of liability and ordered that only the determination of damages remained for trial. After a jury had rendered a verdict of $40,000 special damages and $10,301 general damages in favor of plaintiff James A. Harkins and zero in favor of his wife,*fn1 the trial judge granted the defendant's motion for new trial on the ground that the verdict was contrary to the weight of the evidence. A second trial resulted in a jury verdict of $260 special damages and $400.00 general damages in favor of plaintiff and zero in favor of his wife. From a judgment entered accordingly, plaintiff James A. Harkins appeals.