BARNUM V. WILLIAMS
504 P.2d 122 (1972)
NATURE OF THE CASE: Barnum (P) appealed a decision in favor of Williams (D) in an action
for damages for personal injuries allegedly incurred when the motorcycle P was driving
collided with the car that D was driving.
FACTS: P sued D for damages for personal injuries allegedly incurred when the motorcycle
he was driving collided with the car D was driving. P was going uphill and rounding an
extremely sharp curve to his left. D was coming downhill. Vista Avenue is divided into two
lanes by a yellow line. The line is much closer to the curb on D's side. The jury could have
found that the impact occurred on or near the line or on P's side of the line. The jury
could also have found that when D observed P, P was riding on the center line and leaning
into the turn; D in the narrow lane was near the center line and became apprehensive that
they might collide; the D applied his brakes and slid into P's lane and collided with the P.
The trial court instructed the jury: 'In addition to common law negligence, there is also
statutory negligence, which consists of the violation of a law which, for the safety or
protection of others, requires certain acts or conduct or forbids certain acts or conduct.
Were I to call your attention to any such law, a violation of such law is negligence in and
of itself; with this exception: If you find that, under all the attending circumstances, a
statute cannot or should not be complied with by a person exercising reasonable care for the
safety of himself and others, then I instruct you that you may find that the failure to
strictly observe the statute should be excused and should not be deemed negligence.' The
jury found for the defendant and the plaintiff appeals, contending the trial court gave two
erroneous instructions.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment