Lamb v. Winkler
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The Supreme Court affirmed in part and reversed in part the order of the circuit court granting partial summary judgment to Plaintiffs in this tort action for damages arising from a motor vehicle accident in which Beverly Winkler sustained fatal injuries and awarding damages to Plaintiffs after a bench trial, holding that the damages award must be recalculated.
Plaintiffs sued Defendant, the personal representative of Beverly's estate, for negligence. The circuit court concluded that Beverly was negligent per se upon partial summary judgment, and the parties proceeded to a bench trial on the issue of damages. The circuit court awarded judgment to Plaintiffs and awarded a total of $36,499. The Supreme Court reversed in part, holding that the circuit court erred by not assessing monetary relief for the cost of replacing a battery to Plaintiffs' tractor, which was damaged in the accident.
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