Pemberton v. Keel

HOBSON, Judge.

This is a timely appeal from an order granting plaintiff’s motion for a new trial.

The factual setting of this cause arose out of a rear-end collision on the Platt Street Bridge in Tampa, Florida. Plaintiff and defendant were proceeding west on Platt Street toward the bridge, with the defendant following the plaintiff. The collision occurred while their automobiles were proceeding up the inclined east approach and were nearing the crest of the bridge.

There were discrepancies in the testimony of defendant and plaintiff regarding the facts leading up to the accident and there are…