Hough v. Ballard

Hunt, A.C.J.

Robin S. Ballard appeals partial summary judgment in favor of Lawerence R. Hough in a tort action arising from a nighttime collision at an intersection with inoperative traffic lights. The trial court ruled as a matter of law that Ballard was 100 percent liable because Hough was the favored driver. Because there are material issues of fact concerning the cause of the accident and Hough’s comparative negligence, we reverse and remand on the issue of liability.

FACTS

I. The Accident

It was a stormy, dark night on September 28, 1995, and the power was out. The traffic signals and…