RONALD C. STIRLING AND COLLEEN FINNEY STIRLING, HIS WIFE, APPELLANTS,
v.
JAMES W. SAPP AND SANDRA ASH SAPP, HIS WIFE, APPELLEES

Fla. 2d DCA | 1968-04-05
No. 67-227
LILES, C. J., and PIERCE, J., concur.
209 So. 2d 251 Florida District Court of Appeal, Second District (1968) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

In a motor vehicle collision case, the trial court set aside a jury verdict for the plaintiffs and entered judgment for the defendants. The appellate court affirmed, finding that the undisputed evidence established mutual negligence as a matter of law, making the jury's verdict for one party arbitrary and unreasonable.


Holding

The trial court properly set aside the jury verdict. The appellees did renew their motion for directed verdict after all evidence, and the undisputed evidence established mutual negligence as a matter of law. The jury's verdict finding negligence on only one driver while disregarding identical testimony and inferences regarding both drivers was arbitrary and unreasonable.


Key Quotes

“While the jury was justified in finding negligence on the part of the defendant driver, the factual circumstances, manifest by the overwhelming weight of the evidence, place the plaintiffs in virtually the same position as the defendants.”

Establishes the core legal principle that mutually identical negligent conduct cannot result in liability for only one party

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Two drivers, both young women who had attended the same church meeting, left at approximately the same time on a clear day in a residential neighborho…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
HOBSON, Judge.

HOBSON, Judge.

Appellants, plaintiffs below, bring this appeal from a final order which set aside a judgment entered on a verdict in their favor and which entered final judgment in favor of appellees.

Appellants contend that the trial court’s action in setting aside the jury verdict was erroneous for the reasons that (1) appel-lees did not renew their motion for directed verdict at the close of all the evidence and (2) there was sufficient evidence to support the verdict itself. However, the record shows that appellants’ first contention is unfounded in fact.

In regard to appellants’ second contention, we quote the pertinent portions of the appealed order:

“[T]he evidence is substantially without conflict as to the cause of the accident. The driver of each vehicle was a young matron who, coincidentally, on the day in question had attended the same church meeting in the home of a fellow church member. Each left at or about the same time, i. e. about 11:00 a. m. on a bright, clear day, in a pleasant residential neighborhood. Somehow, they got athwartships of each other on the way home and found themselves approaching the same unmarked intersection at right angles, the plaintiff headed North and the defendant headed East. The testimony *252of each is remarkably identical from this point on. Each says she was not exceeding 15 to 16 miles per hour; each says that she looked in both directions as she approached the intersection; each says that there was nothing to obstruct her view in the direction from which the other car was approaching; and each says that she did not see the other until at, or a split second before, impact. The evidence further reflects that there were no skid marks from either vehicle prior to impact and that the impact occurred approximately in the geometric center of the intersection.
“From all of the foregoing, this Court finds that the case is controlled by the principles implicit * * * in Kokotoff v. Higman (Fla.App.3d 1958), 101 So.2d 166. While the jury was justified in finding negligence on the part of the defendant driver, the factual circumstances, manifest by the overwhelming weight of the evidence, place the plaintiffs in virtually the same position as the defendants. A finding of negligence on the part of one driver must necessarily result in a finding of negligence on the part of the other unless the jury completely disregards all the testimony and inferences (and bearing on the issue of contributory negligence), in favor of the defendants. To so disregard such evidence and inferences in the face of this record would be arbitrary and unreasonable, and the record is devoid of any justification therefor.
“In any event, and notwithstanding the foregoing, this Court finds that the substantially undisputed testimony reflects that each of the drivers was negligent in this case as a matter of law. The evidence herein will not permit of any reasonable inferences to the contrary.”

Examination of the record demonstrates that the above findings were correct. The appealed order is accordingly affirmed.

LILES, C. J., and PIERCE, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Stirling v. Sapp, 229 So. 2d 850 (Fla. 1969)
    …ertiorari, we are requested to review a decision of the _ District Court of Appeal because of alleged conflicts with prior decisions of this Court and decisions of other District Courts of Appeal. Fla.Const., Art. V, § 4 (F.S.A.) ; Stirling v. Sapp, 209 So. 2d 251 (Fla.App.. 2d 1968). Petitioners, plaintiffs below, brought suit for damages sustained as the result of an automobile accident at an unmarked intersection. Final judgment for plaintiffs was entered upon a jury verdict in the amount of $15,000.00. T…
    1 / 2
  • Stirling v. Sapp, 238 So. 2d 697 (Fla. 2d DCA 1970)
    …LILES, Acting Chief Judge. This was an automobile negligence action tried by jury who found for appellants here. The case was originally appealed to this court at 209 So. 2d 251. The Supreme Court of Florida at 229 So. 2d 850 quashed this court’s opinion and remanded the cause with instructions to reinstate the verdict for plaintiff-appellants. The supreme court said: “For the reasons stated the decision of the District Co…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw