Fontilla v. Boyes

This case arises out of a rear-end collision between two automobiles. Plaintiff John V. Fontilla sought to recover damages for personal injuries and property damage and his wife, plaintiff Gladys G. Fontilla, sought to recover consequential damages. The jury found neither plaintiff John Fontilla nor defendant, Hilda Marie Boyes, negligent. Plaintiffs contend on appeal that defendant was negligent as a matter of law. We do not agree but have concluded that a new trial on all issues is required.

Plaintiff and defendant were both driving southeast on Highway No. 169 in Brooklyn Park about noon…