Kuzel v. State Farm Mutual Automobile Insurance

The issues involved on this appeal are: (1) Whether the trial court was correct in holding, as a matter of law, that, plaintiff-appellant Joseph Kuzel and the driver Ronald Dewey were engaged in a joint enterprise at the time of the collision; (2) whether appellant, not having previously attacked the testimony of the expert witness on motions after verdict, is barred from doing so on appeal, and (3) whether this court should order a new trial in the interest of justice.

The record reveals the following facts: Kuzel’s complaint charged Janz with negligence as to speed, management and control,…