Lindquist v. Covert, s. 72--304

• Decision Date: 30 May 1973
• Docket Number: Nos. 72--304,72--334,s. 72--304
• Parties: Harry Raymond LINDQUIST, Appellant, v. Emy Lou COVERT and Allyn Richard Myers, Appellees. Kathleen Yvonne SMITH and Howard Freeman, Appellants, v. Emy Lou COVERT and Allyn Richard Myers, Appellees.
• Court: Florida District Court of Appeals

Page 44

279 So.2d 44

Harry Raymond LINDQUIST, Appellant, v. Emy Lou COVERT and Allyn Richard Myers, Appellees.

Kathleen Yvonne SMITH and Howard Freeman, Appellants, v. Emy Lou COVERT and Allyn Richard Myers, Appellees.

Nos. 72--304, 72--334.

District Court of Appeal of Florida, Fourth District.

May 30, 1973.

Rehearings Denied June 25, 1973.

Thomas A. Hoadley, of Howell, Kirby, Montgomery, D'Aiuto, Dean & Hallowes, West Palm Beach, for appellants, Smith and Freeman.

Michael B. Davis, of Walton, Lantaff, Schroeder, Carson & Wahl, West Palm Beach, for appellant, Lindquist.

James M. Adams, West Palm Beach, for appellee, Covert.

George Okell, Jr., of Corlett, Merritt, Killian & Okell, West Palm Beach, for appellee, Myers.

REED, Chief Judge.

This is an appeal from a final judgment in a personal injury action commenced in the Circuit Court for Palm Beach County on 28 January 1971. For simplicity the parties will generally be referred to as they stood in the trial court, and references to parties or matters not essential to an understanding of the point on appeal will be omitted.

The plaintiff, Emy Lou Covert, filed a two count complaint. The first charged that the defendant Smith negligently operated a motor vehicle and thereby caused personal injury to the plaintiff. The second made an identical claim against the defendant Harry Raymond Lindquist. Each defendant denied negligence, but defendant Lindquist cross claimed against defendant Smith alleging that Smith's negligent operation of her vehicle at the time and place of the accident described in the complaint caused injuries to Lindquist.

The facts developed at the trial are taken from the main brief of defendant-appellant-Lindquist. They indicate the following. On 6 July 1970 the defendant Kathleen Smith was driving an automobile northbound on Interstate 95 in Palm Beach County. She was traveling in the center lane, there being three lanes for northbound traffic. As she went up an incline her vehicle struck an accumulation of rain water, went out of control, and stopped at or about the peak of the incline. The plaintiff Covert who had theretofore been traveling in the same direction on the same road, but somewhat south of Smith, struck Smith's vehicle. Thereafter, the defendant Lindquist who had also been traveling north on I--95, but south of Covert and Smith, collided with plaintiff Covert's vehicle, after plaintiff had collided with Smith. There was no impact between Lindquist's vehicle and that driven by defendant Smith.

The jury returned a verdict in favor of plaintiff Covert and against defendants Smith and Lindquist. The verdict assessed plaintiff's damages at $20,000.00. The jury also returned a verdict against the defendant Smith and in favor of defendant Lindquist on the latter's cross-claim. This verdict assessed Lindquist's damages at $1,761.49. It is this verdict which becomes the proverbial fly in the ointment.

Both Lindquist and Smith filed motions for new trial claiming that the jury verdicts were inconsistent. Nevertheless, the trial court entered a judgment for plaintiff against defendants Smith and Lindquist on the verdict favorable to the plaintiff and denied the motions for new trial. Insofar as we can tell, no judgment has been entered for Lindquist on his verdict on the cross claim.

Lindquist and...