[Download] "Brian Whisman v. Lawrence Fawcett" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Brian Whisman v. Lawrence Fawcett
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 09, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This case is before this Court upon the petition to transfer of defendants-appellees, Lawrence Fawcett, Fraternal Order of Eagles, Lodge 741, and Veterans of Foreign Wars, Post 1987. Plaintiff-appellant, Brian Whisman, brought a negligence action against defendants for injuries he sustained when Fawcetts car struck him. The trial court entered judgment upon a jury verdict in favor of all three defendants. Plaintiff appealed. The Fourth District Court of Appeals reversed the trial courts decision in Whisman v. Fawcett, (1983) Ind. App. , 456 N.E.2d 1068.The Court of Appeals found the trial court erred in allowing the defendants to raise the defense of contributory negligence and incurred risk. The Court ruled that defendants should not have been allowed to raise those issues because they were not explicitly set forth in the trial courts pretrial order. Because we believe the trial court had the discretion to construe its pretrial order to include the issues of contributory negligence and incurred risk, we now grant defendants petition to transfer. The decision and opinion of the Court of Appeals are hereby vacated, and the trial courts judgment is affirmed. The essential facts were succinctly summarized by the Court of Appeals: