Valentine v. Faulkner

EUBANK, Presiding Judge.

This is an automobile negligence case that involves the defendants’ vehicle in a rear-end collision with the plaintiffs vehicle and which raises the question of the propriety of the trial court’s order granting the plaintiffs a new trial, under Rule 59, Rules of Civil Procedure, 16. A.R.S., following a jury verdict and judgment in favor of the defendants.

The facts are not in dispute: The plaintiff, Patricia Ann Faulkner, appellee herein, was driving north on Scottsdale Road at approximately 4:30 P.M. on November 22, 1965. The day was overcast; intermittent rain showers…