Merritt v. Cassarino

GAITAN, Judge.

Kevin L. Yates, petitioner below and appellant, appeals the decision of the judgment of the trial court which set aside a verdict in his favor against both defendants and appellees, Alvin Merritt and Pasquale F. Cassarino. The trial court sustained a motion filed by Cassarino which sought a judgment n.o.v. Alternatively, the trial court issued a conditional order of a new trial in the event the judgment n.o.v. was reversed. We reverse and remand for a new trial.

On the morning of December 27, 1978, between 8:00-8:30 a.m., Cassarino was headed to work on eastbound 1-70 in Kansas…