State ex rel. State Highway Commission v. Daigh

TITUS, Presiding Judge.

A westbound Oldsmobile (driven by defendant) collided with plaintiff’s eastbound dump truck (driven by its employee, Larry Hurt) on the south side of Dade County Route Z (a two-lane blacktop thoroughfare), and plaintiff brought this action to recover $1,649.01 in property damages. At the close of plaintiff’s evidence, the trial court directed the jury to return a verdict for defendant because, as it opined, plaintiff’s employee (and, hence, the plaintiff) was guilty of contributory negligence as a matter of law. No one questions that plaintiff made a submissible case…