Emil J. Raffel v. Charles G. Magarian

HORTON, Judge. The appellant was the plaintiff below and appeals an adverse final judgment. The appellant was involved in a rear end automobile collision. After the issues were made by the pleadings, the liability of the appellee was established by the entry of a summary judgment in favor of the appellant. The cause went to trial before a jury on the issue of damages alone. At the conclusion of the trial, the court instructed the jury and furnished them with one verdict in which he directed that they should find for the appellant, and assess his damages for ""none"" dollars or such figure as they would deem appropriate. The jury returned a verdict in favor of the appellant but assessed his damages at ""none"" dollars. Upon this verdict the court entered the judgment appealed and later entered a cost judgment in favor of the appellee.