Faherty v. Wittenberg

BARKDULL, Judge.

Appellant, plaintiff in the trial court, seeks review of a final judgment following an adverse jury verdict in a personal injury action.

Examining the record in a light most favorable to the verdict,1 we find the following: Early on the morning of November IS, 1964, the plaintiff and two friends left Miami for a fishing trip to Flamingo, Florida. They spent the day fishing and left Flamingo for Miami shortly after 4:00 P.M.

On the return trip, the plaintiff was driving his vehicle in a northerly direction on U.S. Highway 1 in the far right-hand lane at a speed of 40 to 45 miles…