X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued September 18, 2001

In this suit for negligence, a jury found in the plaintiff-appellant’s favor and awarded $1,596,000 to the estate of sixteen-year-old Bobby Haight, who ultimately died after an automobile collision at the intersection of 26th Street and Benning Road, N.E. At the time, the intersection was controlled by a malfunctioning traffic signal light, and the jury found appellee, the District of Columbia, negligent for failing to maintain the light properly. *fn1 The trial judge rejected the District’s post-verdict challenge to the finding of negligence (the District has not appealed that ruling), but nonetheless granted its motion for judgment n.o.v. on the ground that Haight had been contributorily negligent as a matter of law. Alternatively, the judge granted a new trial on the ground that the jury’s rejection of contributory negligence was against the manifest weight of the evidence. The judge did not reach the District’s request for a remittitur. In this appeal, the estate challenges both the grant of judgment as a matter of law to the District and the alternative grant of a new trial.

We hold that, on the evidence presented to the jury, the issue whether Haight was contributorily negligent in attempting to proceed through the intersection as he did was for the jury to resolve, so that neither the judgment n.o.v. nor the new trial should have been granted.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

New York Legal Awards 2022 (NYLA)

October 06, 2022
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More

Women, Influence & Power in Law Awards (WIPLA) 2022

October 18, 2022
Washington, DC

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More

National Law Journal Legal Awards (NLJLA) 2022

October 20, 2022
Washington, DC

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More

Corporate Counsel


An international entertainment company headquartered in the Sarasota area is seeking a corporate counsel to draft, review and negotiate a ...


Apply Now ›

Plaintiffs' Personal Injury Attorney


A growing and highly successful plaintiffs' personal injury law firm with several offices in Tampa Bay is seeking a senior attorney with tri...


Apply Now ›

Insurance Defense Associate


A highly regarded Tampa law firm is seeing an insurance defense attorney with 2+ years of general insurance-related litigation experience. ...


Apply Now ›

CHIESA SHAHINIAN & GIANTOMASI

09/26/2022
NYLJ Web

Chiesa Shahinian & Giantomasi : Commitment to the highest standards of service.


View Announcement ›

SCHULTEN WARD TURNER & WEISS, LLP

09/21/2022
DR Web

Schulten Ward Turner & Weiss, LLP is pleased to announce that John Gracia has joined the firm as a partner.


View Announcement ›

WISNIEWSKI & ASSOCIATES

09/12/2022
NJLJ Web

WISNIEWSKI & ASSOCIATES LLC Takes pleasure in announcing that Civil Litigator DOUGLAS R. D ANTONIO has become a Partner of the Firm.


View Announcement ›