[Download] "Robert E. Anderson v. Dionne Bradley" by Supreme Court Of Utah # Book PDF Kindle ePub Free
eBook details
- Title: Robert E. Anderson v. Dionne Bradley
- Author : Supreme Court Of Utah
- Release Date : January 22, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
HALL, Justice: Plaintiff appeals a judgment of no cause of action in his suit for personal injuries sustained in an auto-pedestrian accident. The judgment was entered by the court after a jury verdict apportioned negligence equally between plaintiff and defendant (50% - 50%). There is substantial conflict in the evidence, but it appears from the record that the jury believed the facts to be as follows: At approximately 6:30 p.m. on February 7, 1976, plaintiff was walking north in a crosswalk on Sunnyside Avenue (a four lane street in Salt Lake City) at its intersection with Guardsman Way. Before entering the crosswalk he had apparently looked to his left and had waited for two cars to pass. He then glanced to his right where he noticed a car approaching but believed it to be far enough away and moving slowly enough that he could safely cross the street. The approaching car was driven by defendant who was traveling at approximately 35 miles per hour. There is some question as to whether or not the lights of defendant's vehicle were on and whether such illumination was even necessary at the given hour (dusk). In any event defendant apparently did not see plaintiff until he was in the center of the most northerly lane of Sunnyside Avenue (defendant's lane of traffic), when only about 50 feet separated them. One of the witnesses at trial, one Ward, testified that he was driving another vehicle behind defendant's automobile. Ward first observed plaintiff through the windows of defendant's car, at which time only four or five car lengths separated plaintiff and defendant. Plaintiff was walking at a medium to fast gait and didn't seem to be aware that a car was bearing down on him. Ward could see that a collision was about to ensue unless either plaintiff or defendant acted immediately to avoid the accident. In an apparent attempt to avoid striking plaintiff, the defendant caused her car to swerve to the left. The investigating officer, one Banks, testified that shortly after the accident plaintiff had told him that he had seen the vehicle approaching and decided to sprint across the street. The right front portion of defendant's car collided with plaintiff, the impact throwing him several feet to the curb. Plaintiff suffered several broken bones and was hospitalized for some two months. Plaintiff sued defendant in negligence for injuries sustained as a result of the accident.