Smith v. Morico

I cannot agree with the majority that the trial court correctly directed a verdict in favor of the defendant in this rear-end collision case. At the heart of the majority’s conclusion that this is one of the rare cases wherein the submission to the jury of the issues of negligence and contributory negligence is not warranted, is the majority’s statement that “the record sustains appellee’s contention that there was offered at trial no competent evidence of fault on his part.” My review of that same record compels me to reach the opposite conclusion. I do agree with the majority that “the only…