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Tag Archives: auto accident

Tort/Negligence – Personal Injury – Auto Accident – Rear-End Collision – Failure to Keep Lookout – Directed Verdict Motion (access required)

Fettler v. Gentner Defendant admitted that he wasn’t looking where he was going when he rear-ended plaintiff’s car as it stopped at a yield sign to permit another car to make a left turn onto an on-ramp. The trial court should have granted plaintiff’s motion for a directed verdict.

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Civil Practice – Default Judgment – Tort/Negligence – Auto Accident – Damages (access required)

Wilder v. Blue Ribbon Taxicab Corp. Where (1) more than a year elapsed between the time defendant was served with the summons and complaint and when it moved for relief from entry of default, (2) defendant acknowledged that it had no meritorious defense to liability, and (3) plaintiff showed she would be prejudiced if the matter were further delayed while defendant conducted discovery on issues not in dispute — like liability — then the trial court did not abuse its discretion when it found that defendant did not show good cause sufficient to relieve it from entry of default.

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Tort/Negligence – Auto Accident – Loss of Use – Civil Practice – Appeals – Unpreserved Issue – Jury Instruction (access required)

Beverly S. v. Kayla R. Plaintiff contends the trial court erred when it denied her request for a jury instruction that the loss of use of a vehicle is an element of recoverable property damages even when the vehicle is a total loss. However, where plaintiff failed to include either her request to charge or the entire jury charge in the record on appeal, she failed to adequately present this issue for appellate review. Because plaintiff failed to provide an adequate record for appellate review, the jury verdict is affirmed.

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