Minato v. Ferrare

Plaintiff appeals from the judgment entered on a jury verdict in his favor by which the jury assessed total damages of $113,500 and found plaintiff to be 45 percent at fault. The issue presented is the application of the statutes governing the activities of pedestrians to an individual who is employed by a private survey crew and is working in the road. We find that the instructions given by the trial court in this regard were erroneous and reverse.

The facts as they relate to this appeal are not disputed. On March 21, 1978, plaintiff was working as a surveyor’s assistant for a private…