Munceas v. Harris

NESBITT, Judge.

The driver, owner, and insurer of an automobile involved in a rear-end collision appeal a final judgment entered after a jury trial confined to the issue of damages. We agree that the trial court should not have granted a partial summary judgment against these defendants on the issue of liability, and we vacate that order.

The defendant driver crashed into the rear of the plaintiff’s automobile while the latter was stopped at an intersection. The testimony of these two parties during discovery was greatly disparate’ as to the rate of speed at which the defendant’s vehicle was…