Fransen
Fransen v. Washington
Opinion
Opinion
Molinari, J.
Defendant, Wallace Washington, (hereinafter referred to as Washington), appeals from a judgment after a jury verdict against himself and defendant Effie B. Evans, (hereinafter referred to as Evans), and in favor of plaintiffs, Charles M. Fransen and John R. Sebok, (hereinafter referred to as Fransen and Sebok, respectively), for personal injury damages sustained by plaintiffs when a vehicle, owned by Washington and driven by Evans, collided with a vehicle driven by Fransen and in which Sebok was a passenger. The sole question presented is whether the trial court committed prejudicial error in refusing to submit to the jury a form of verdict to the effect that they could find in Washington’s favor alone and against plaintiffs. We have concluded that, although the trial court should have submitted a verdict in this form, no prejudicial error resulted because the verdict returned by the jury, in the light of the entire record, was responsive to the pleadings, the evidence and the trial court’s instructions.
The instant case proceeded to trial against Washington on the issues of negligence, proximate cause, damages, imputed negligence and permissive use, and against Evans as to the…