LaBorne

Following a nonjury trial, the trial court rendered judgment in favor of Victoria M. LaBorne (LaBorne), plaintiff and appellant. Findings of fact and conclusions of law were signed. The judgment was entered on November 21, 1972. On December 6, 1972, Isabel Rublee Mulvany (Mulvany), defendant and respondent, filed her motion for a new trial. On January 19, 1973, after hearings, the court vacated the judgment and granted a new trial. This is an appeal from that order.

The action was for personal injuries and property damage sustained by LaBorne resulting from a collision between the vehicle that she was driving and a vehicle allegedly owned by Mulvany, but being driven by one Reed, who allegedly was acting as an employee and/or agent of Mulvany at the time of the accident. After oral testimony of witnesses and documentary evidence, the trial court rendered judgment for LaBorne against the driver Reed and against Mulvany in the sum of $26,550, together with costs. One of the findings of fact was: “During all the times mentioned in plaintiff’s complaint, defendant Grant Robert Reed was driving and operating the motor vehicle ... as the employee and/or agent of the defendant…