Erickson v. Irving

LAGOA, Judge.

The plaintiff, Diane Erickson (“Erickson”), as personal representative of the Estate of Joseph A. Sindoni, Jr., appeals from multiple final judgments entered in this wrongful death case. Defendants, Community Asphalt and Abelardo Pupo (“Pupo”), cross-appeal. Because we conclude that the trial court erred in allowing the defense of joint enterprise to be submitted to the jury, we reverse and remand for a new trial. 1

I. Factual and Procedural History

On February 2, 2000, three friends, Robert Irving (“Irving”), David Long (“Long”), and the decedent, Joseph Sindo-ni, Jr. (“Sindoni”),…