Reseña de Alice Bolssen Et Al. v. James P. Heenan Et

Alice Bolssen Et Al. v. James P. Heenan Et de Supreme Court of Appeals of West Virginia Resumen del Libro

This action was commenced June 7, 1956 by the plaintiffs, Alice Bolssen and Arthur W. Bolssen, her husband, and by their children, Mary and James Bolssen, minors, by guardian ad litem, Stanley R. Gabert, against the defendants James P. Heenan and Commercial Insurance Company of Newark, New Jersey (the latter being the carrier of insurance on the automobile of said James P. Heenan) for the recovery of damages arising from personal injuries and property loss alleged to have resulted from negligence on the part of the defendant, James P. Heenan, in the operation of his automobile when the same was involved in a collision with an automobile owned and operated by the plaintiff, Arthur W. Bolssen at Appleton on November 26, 1955. By their answer the defendants denied negligence on the part of Heenan, and by way of counterclaim and cross complaint against the plaintiff, Arthur W. Bolssen, the defendants sought recovery for property damage to Heenans automobile. The cause was tried to a court and a jury. By special verdict the jury found that the defendant Heenan had been causally negligent as to management and control. It exonerated him as to negligence with respect to lookout. The jury found that the plaintiff Arthur W. Bolssen had been causally negligent with respect to lookout and as to yielding the right of way. The jury decided that 75 per cent of the total negligence was attributable to the defendant Heenan and 25 per cent to the plaintiff Arthur W. Bolssen. Damages were determined as follows:

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