(1)Where a man who was severely injured in a car accident caused by a teen driver’s negligence presented ample undisputed evidence of the pain and suffering that resulted from his injuries, the trial court’s failure to award non-economic damages was an abuse of discretion.
(2)Where a trial court found a father to be vicariously liable for the injuries to a man who was injured by the father’s son in a car accident at which the father was not present, the evidence at trial did not support the existence of a master-servant relationship between the father and son, and even if such a relationship applied, the father would not have been liable because the coming and going rule applied, so the judgment is reversed.
Judgment is reversed and remanded in part; affirmed in part.
Meier v. Schrock (MLW No. 64969/Case No. ED98728 – 14 pages) (Missouri Court of Appeals, Eastern District, Hoff, J.) Appealed from circuit court, Osage County, Schollmeyer, J. (Andrew J. Gelbach for appellant) (David G. Bandre for respondent).