[Download] "Holmes v. Wallace" by Supreme Court of Wyoming ~ eBook PDF Kindle ePub Free
eBook details
- Title: Holmes v. Wallace
- Author : Supreme Court of Wyoming
- Release Date : January 25, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
ARMSTRONG, J. -- Larry Wallace struck Anna Wozney while she walked her dog early one morning. A jury found Wallace 45 percent at fault for the accident. Wallace appeals the verdict, arguing that (1) he was entitled to a judgment as a matter of law because Wozney produced no evidence that a reasonable person could have avoided the accident by traveling slower and using high beams; (2) the trial court erred in issuing a "speed for special hazard" instruction; (3) the trial court erred in issuing "high beam" instructions; (4) the trial court erred in refusing his proposed instruction that pedestrians have a duty not to step into oncoming traffic; and (5) the trial court erred in excluding testimony that other drivers along the road did not use their high beams. Because Wozney produced sufficient evidence from which the jury could find that excessive speed was a proximate cause of the accident, and because the trial courts instructions were proper, we affirm.