Tufts v. Wyand

Plaintiff brought the underlying negligence action after defendant’s truck collided with her stalled automobile. The jury found for defendant, and plaintiff appeals the ensuing judgment. We reverse and remand for a new trial.

Plaintiff complains that the trial court erred in refusing to grant her motion for a new trial, arguing that the jury’s verdict is contrary to the evidence, contrary to the court’s instructions, and contrary to the law of negligence. She also maintains that the trial court failed to charge the jury properly.

On a snowy evening in December of 1982, plaintiff was turning…