Lincoln v. Houff Transfer, Inc.

By JUDGE JOSHUA L. ROBINSON

The only question raised on the motion for new trial is whether a passenger in a vehicle struck from the rear is entitled to a judgment against the following driver as a matter of law. We review the evidence under well established principles. The plaintiff was a passenger in a vehicle that was slowing to make a left turn when it was struck from the rear by the defendants’ tractor trailer.

The plaintiff correctly argues (but does not cite):

[W]hen the plaintiff showed by the evidence that the car in which she was riding was struck from the rear while stopped, or nearly…