Nationwide Mutual Insurance v. Mazza

Opinion by

Cercone, J.,

Plaintiff, Nationwide, appeals the order of the court below granting defendant’s motion for judgment n.o.v.

This case involves a fire which occurred in an apartment which was insured by Nationwide. Nationwide paid for damages caused by the fire and then, as subrogee, sued the insured’s son, the defendant herein, claiming that the fire was caused by his negligence. Nationwide contends that during a visit to his mother’s apartment the defendant started the fire on the living room couch while smoking a cigarette.

Basically the facts of the case are as follows. On the day of…