American Motorists Insurance v. Battista

KLEIN, HERBERT M., Associate Judge.

Appellants, defendants below, seek reversal of a trial court order, entered after a jury verdict in favor of the defendants, directing a verdict in favor of the plaintiff, appellee, on the issue of liability and ordering a new trial on the issue of damages.

The conflict which we are called upon to resolve arose out of an automobile accident that occurred on January 3, 1973, late at night at the intersection of Volusia Avenue and Segrave Street in Daytona Beach. At that time the plaintiff, appellee, was a passenger in an automobile operated by his father…