Mcmurry v. Magnusson
849 S.W.2d 619 (1993)
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
P, a sixty-two-year-old widow, was a passenger in an automobile driven by D. Magnusson ran into the rear of a vehicle driven by Lindsay (D), who stopped to avoid hitting a camper shell lying in his lane of traffic. The camper shell had blown off a truck owned and operated by Crandall (D). P suffered back injuries for which she was hospitalized. After hospitalization, P, who lived about 100 miles from her sister, moved in with her sister. Her sister cared for her for approximately four months. When released from the hospital, P was unable to walk without help and to care for herself. She was also on medication for back pain. P testified that she agreed to pay her sister for the services her sister rendered. At the close of the evidence, the trial court submitted a withdrawal instruction: The evidence of damages for plaintiff's home care from her sister is withdrawn from the case, and you are not to consider such evidence in arriving at your verdict. The jury returned a verdict in favor of P for $25,000.00. The jury also found against P and in favor of defendants, Lindsay and Crandall. P appealed, contending that the trial court erred in giving a withdrawal instruction regarding the evidence of damages she incurred for the home health care provided by her sister. P argues that the reasonable value of her sister's services should have been considered by the jury in reaching its verdict.
Issues
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Holding & Decision
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Legal Analysis
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