German v. Swanson

In finding that a pedestrian bears alone the burden for her safety while crossing the street, even if she is clearly visible to motorists, the majority transforms the “range of vision” rule into a “fair game” rule. While Pittman undoubtedly was contributorily negligent, she is entitled to a fair consideration of the degree of her negligence without the presence of non-issues clouding the jury’s judgment.

Under the range of vision rule, a motorist is deemed negligent as a matter of law if he or she operates a motor vehicle in such a manner as to be unable to stop or turn aside without colliding…