Belcher v. James

The jury awarded the plaintiff, passenger/owner, $75,000 for his injuries, but found him to be forty-five percent comparatively negligent. We agree that the trial court did not err in denying plaintiffs motion for a directed verdict. Our review of the record supports the trial court’s decision that the questions of whether (1) the driver was intoxicated; (2) the driver’s intoxication caused the accident; and (3) the plaintiff knew or should have known the driver was unfit to drive; were properly submitted to the jury. See Welch v. Moothart, 89 So.2d 485 (Fla.1956).

We also conclude the trial…