Paul L. Varsalona v. Rafael Jimenez Ortiz

JAMES EDWARD WELSH, Judge.

Paul Varsalona appeals, the circuit court’s judgment after a jury verdict in favor of Rafael Jimenez Ortiz in his automobile negligence case against Ortiz. Var-salona’s claims on appeal are based on his contention that Ortiz was required to plead as an affirmative defense that Varsalona backed into him. We affirm.

Background

In December 2011, Paul Varsalona filed a lawsuit against Rafael Jimenez Ortiz claiming that Ortiz negligently collided with the back of his vehicle. The case was tried before a Clay County jury over three days in June 2013.

Varsalona testified at…