This section contains the nature of the case and procedural background.

P was injured in an auto accident when D’s truck collided with P's car. The truck was owned by Armored Motors Service. That accident occurred on July 21, 1964. P was injured again on June 25, 1965, and certain injuries he had sustained in the first collision were aggravated. The trial court instructed the jury as follows 'But if you find that the evidence does not permit apportionment, then D is liable for the entire disability.' P got the verdict for $50,000, and in favor of his parents in the sum of $8,063. D appealed.

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