This section contains the nature of the case and procedural background.

The P automobile had been parked at the curb in front of a friend's house. While Benjamin remained in the driver's seat, his wife, Elizabeth, and the friend removed groceries from the back seat of the car. When they returned to the curb and commenced to shut the car door, D's vehicle approached the rear of the car, straddled the curb, and struck both women before colliding with the rear of the parked car. The impact propelled P's vehicle 70 feet forward, threw the friend 20 feet into an embankment, and hurled Elizabeth under D's vehicle. The jury returned three separate verdicts for plaintiffs in the aggregate sum of $442,000. Benjamin and the Krouse children were awarded $300,000 in a lump sum for Elizabeth's wrongful death. Benjamin was also awarded $52,000 for his personal injuries and emotional suffering. The friend was awarded $90,000 for her personal injuries. D appealed.

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