American Family Mutual Insurance Co. v. Robbins

CRAHAN, Presiding Judge.

Defendant Ad Litem Kenneth Rohrer (“Defendant”) on behalf of Carl A Retzer (“Deceased”) appeals from the trial court’s judgment following a bench trial assessing 50% fault to Deceased in an automobile accident. On appeal, Defendant asserts that the trial court erred in assessing 50% fault to Defendant because there was no substantial evidence to support the trial court’s implicit determination that Deceased either failed to keep a careful lookout or crossed the center line. We reverse and remand.

Neither party requested findings of fact or conclusions of law and none…