Aetna Casualty & Surety Co. v. Kelley

FOGLE, HARRY W., Associate Judge.

Plaintiff/appellant appeals from an order granting defendants’/appellees’ motion for a mistrial and, in the alternative, granting appellees’ motion for a new trial.

Juan Roman worked for a landscaping concern and as part of his job, went almost every day to Kelley’s Gardens, a nursery which raised coconut palms. On Sunday, April 23, 1972, Roman went to the nursery and told one Pyles that he was there to get a tree. Pyles was not feeling well and was busy when Roman arrived, so he agreed to Roman’s suggestion that he get the tree himself. Roman got the special…