Arnovitz v. Tella

CALLISTER, Chief Justice:

Plaintiff initiated this action, alleging that defendant wilfully, wantonly and maliciously backed his motor vehicle into plaintiff’s automobile, causing plaintiff injuries. Plaintiff pleaded for personal, property and punitive damages. Defendant counterclaimed for property damages. The matter was tried to the court, judgment was rendered to defendant on his counterclaim, and plaintiff’s complaint was dismissed for no cause of action. Plaintiff appeals therefrom and seeks an order for a new trial.

The trial court found that on June 8, 1970, defendant’s vehicle was…