As a general rule, when a party gets an adverse result after going to trial, they are stuck with it. However, there is a big exception to that general rule, and that is when a party can point to an error made by the trial court – either in substantive law or procedure – and ask a higher court to review the decision. This process is called an “appeal.”
Phillips v. Stear: Road Rage Taken Too Far
In the case of Phillips v. Stear, the plaintiff was a truck driver who was involved in an accident when he was cut off by the defendant. The testimony presented at trial showed that the defendant swerved in front of the plaintiff, flashed an obscene gesture, and then abruptly slammed on the brakes. As a result of the defendant’s vehicle coming to a sudden slow-down in front of him, the plaintiff applied the brakes in a hurried fashion, lost control of the truck, and got into an accident.