Hawkins v. B.F. Walker

Plaintiffs, husband and wife, suffered rather extensive injuries to their persons and property as the result of a collision on a two-lane highway in Wyoming between their automobile and a tractor-trailer unit of the defendant and brought action to recover. Trial to a jury resulted in a verdict and judgment nonsuiting the husband and a verdict and judgment in favor of the wife and against the defendant in the sum of $12,000. Claiming that the trial judge erred to their prejudice in refusing to allow plaintiffs to develop all of the material circumstances surrounding the taking of a written statement used by defendants counsel for purposes of impeachment of an important witness of plaintiffs — including the fact that it was taken by an insurance adjuster — and claiming further that the damages awarded the wife Page 428 were so clearly unreasonable and inadequate as to indicate passion and prejudice on the part of the jury, both plaintiffs have appealed.