Wick v. Clark County

Wick appeals a jury verdict finding *378the County faultless in a collision between his seven-year-old son and a car that had just crested a steep hill that lacked warning signs. First, Wick contends the trial court erroneously instructed that the County’s duty was only to those exercising ordinary care for their own safety, he argues that this treats contributory negligence as a total bar to recovery, rather than as a reduction in plaintiffs recovery. Second, he asserts that because the County refused to stipulate before the jury that feasibility was not an issue, the trial court should have…