Roy v. Merrill

MARDEN, Justice.

On appeal from the denial of a motion by plaintiff for a new trial.

Plaintiff complains that he suffered personal injury by reason of being struck by a motor vehicle operated by the defendant. Under the rules of comparative negligence properly submitted to a jury, 1 to which was submitted a special verdict form, 2 the jury found that both parties were guilty of negligence proximately causing the accident to the extent of 50% each. Under the wording of the special verdict submitted, no damages were assessed.

The facts may be summarized as follows:

The scene was the intersection of…