VICTORIA DIVELLA AND ROBERT DIVELLA, HER HUSBAND, APPELLANTS,
v.
FLORA N. HURST, APPELLEE

Fla. 3d DCA | 1958-02-27
No. 57-319
CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.
101 So. 2d 163 Florida District Court of Appeal, Third District (1958) Caution
Cited by 15 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from a jury verdict for the defendant in an action arising out of a collision at a street intersection. Appellants point out that as to the plaintiff-wife, who was a passenger in her husband’s car, the verdict could stand only if there is evidence in the record from which the jury could have found that the negligence of the plaintiff-husband was the sole proximate cause of the accident. We conclude from a careful examination of the record that the jury could have found that the plaintiffs simply failed to prove negligence on the part of anyone.

The judgment is affirmed upon authority of Jones v. Stoddard, 138 Fla. 458, 189 So. 400 and cases cited therein.

Affirmed.

CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.

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  • Royal G. RAY & Morrison Assurance Co. v. Earl, 277 So. 2d 73 (Fla. 2d DCA 1973)
  • Tampa Transit Lines, Inc. v. Smith, 155 So. 2d 557 (Fla. 2d DCA 1963)
    …The defendants should not be unjustly mulcted in damages and the plaintiff should not be denied full compensation when he is so entitled; but neither should the jury award be denied due respect. See e. g. Re-Mark Chemical Co. v. Ross, Fla. App.1958, 101 So. 2d 163; Schnedl v. Rich, Fla.App.1962, 137 So. 2d 1, 3. The guides and rules governing appellate review of verdicts have been outlined many times. See e. g. Goldstein v. Walters, Fla.App.1961, 126 So. 2d 759, 761; Aylesworth v. London, Fla.App. 1960, 119…
  • Raydel, Ltd. v. Medcalfe, 162 So. 2d 910 (Fla. 3d DCA 1964)
    …cause the driver is one who drives with her consent. Appellants urge that the reasoning employed in the Weber opinion should apply and specifically point to Metzel v. Robinson, Fla.1958, 102 So. 2d 385 and Re-Mark Chemical Co. v. Ross, Fla.App.1958, 101 So. 2d 163 as authority for the contention that the imputed negligence should “follow the chain of command.” In each of the cases discussed the issue was between the passenger and the owner or operator of another car. In this case the issue is between the pas…
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