Ramirez v. Miska

Peterson, Justice.

This litigation arises out of an automobile collision at an 1 intersection of two rural roads in Polk County.

The jury found that both plaintiff and decedent were negligent but that the negligence of plaintiff was alone the direct cause of the collision. Appealing from an order denying his post-trial motion for judgment n. o. v. or for a new trial, plaintiff contends (1) that decedent’s negligence was a direct cause of the collision as a matter of law, (2) that plaintiff, because of amnesia, is entitled to a common-law presumption of due care, and (3) that testimony on behalf…