Supreme Court of Arkansas, 1973

Warren v. Hayes

Warren v. Hayes
Supreme Court of Arkansas · Decided November 13, 1973 · Byrd
255 Ark. 500; 500 S.W.2d 923

Warren v. Hayes

Opinion of the Court

Conley Byrd, Justice.

Late in the afternoon of the day before trial of this rear end automobile collision case appellants Elaine Warren, a minor, and William C. Warren amended their general denial answer to plead contributory negligence. Over objections of appellee Betty Hayes and notwithstanding a motion for a continuance, the case was tried to a jury resulting in a $1,000 personal injury verdict. The trial court granted appellee a new trial. We cannot say that the trial court abused its discretion under the circumstances.

Affirmed.

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