Marohl v. Osmundson

VANDE WALLE, Justice.

This appeal follows from the trial court’s order denying the appellants’ motion for a new trial. We affirm.

On December 19, 1986, at approximately 8:00 p.m., a vehicle driven by Jeff L. Os-mundson struck a pedestrian, David Ma-rohl, as Marohl was attempting to cross Dakota Avenue at Third Street in Wahpe-ton, North Dakota. Dakota Avenue is a four-lane thoroughfare which runs east and west. The two-way traffic on Dakota Avenue is divided by a median which stops just short of the crosswalk at Third Street.

Osmundson had consumed twelve to fourteen beers in the preceding…