Samson v. Nahulu

Defendant’s vehicle struck Minor in or near a crosswalk as Minor crossed Farrington Highway on foot. A jury returned a unanimous special verdict finding Defendant not negligent. The Intermediate Court of Appeals (ICA) affirmed. The Supreme Court vacated the ICA’s judgment and the circuit court’s order denying Plaintiffs’ motion for judgment notwithstanding the verdict and/or, in the alternative, for new trial, holding (1) the jury instructions erroneously focused on a pedestrian’s obligation to obey all traffic laws rather than a driver’s obligation to avoid collisions, and the erroneous instructions were prejudicial; (2) the circuit court erred in excluding certain testimony on Defendant’s speed; and (3) the circuit court erred in excluding a photograph with markings made or authorized by a witness during his deposition that placed Minor in a crosswalk. Remanded. View "Samson v. Nahulu" on Justia Law