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MAYO v. CAPITAL ASSURANCE CO., INC.

No. 3D02-2650.

845 So.2d 275 (2003)

Justo MAYO, Appellant, v. CAPITAL ASSURANCE COMPANY, INC., Appellee.

District Court of Appeal of Florida, Third District.

May 14, 2003.

Attorney(s) appearing for the Case

Feinstein & Sorota and Alan Sorota, Miami, for appellant.

Hightower, Weiser & Pozo and Michelle N. Shupe, for appellee.

Before SCHWARTZ, C.J. and FLETCHER, J., and NESBITT, Senior Judge.

SCHWARTZ, Chief Judge.

The judgment under review is affirmed for two reasons. First, there was no substantive error in directing a verdict in favor of the appellee uninsured motorist carrier, standing in the shoes of the driver of a "phantom" vehicle who successfully swerved in time to avoid an unlawfully parked truck, into which the plaintiff appellant subsequently crashed. Simply stated, there was no evidence that the phantom was guilty of any causal negligence...

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