Ziervogel v. Royal Packing Co.

The plaintiff was in a car accident with the defendant's employee. Her complaint alleged injuries to her neck, back, spine and nervous system, that she was otherwise injured, and that her earning capacity was permanently impaired, and nothing more specific. At trial she introduced evidence that the accident had raised her blood pressure and injured her shoulder. The defendant objected, but the trial court admitted the evidence and found for the plaintiff. The defendant appealed.

Whether evidence of a specific personal injury that is not the necessary or inevitable result of an injury alleged in the complaint is admissible when that specific injury was not specifically pleaded.