Dorothy S. Walker v. West Coast Fast Freight, Inc., a Corporation, and M. L. Burr

This is an appeal from a judgment of the United States District Court for the District of Oregon which, as the result of a jury verdict, awarded appellant only $1,500 for injuries caused by the negligence of the appellees. Appellant seeks a new trial contending that she was improperly limited in the presentation of evidence of injury by the District Court’s construction of the pretrial order, that prejudicial evidence was improperly admitted, that the jury was guilty of misconduct in awarding an inadequate verdict in light of her permanent injuries, and that the District Court erred in giving and rejecting certain jury instructions.

Appellant contends that the District Court erred in refusing to allow her to show pain and suffering in child birth and the necessity of shortening the gestation period to seven and one half months caused by her injuries. The District Court stopped her attorney in the midst of discussing this item of damage in his opening statement and refused to allow the presentation of evidence on the point because appellant had failed to disclose such a contention at the pre-trial conference. Appellant urges that the pre-trial order when construed with information…