Overlander v. Johnson

On January 24, 1971, when she was less than 3 years old, Robin Kay Overlander darted into a crosswalk on Main Street, Morton, Washington, and was struck by a car operated by the defendant Richard Johnson. Robin was seriously injured. Her mother, as guardian ad litem, brought this action against Mr. and Mrs. Johnson to recover damages for those injuries. The jury returned a verdict in favor of the defendants. On March 12, 1973, the trial court granted plaintiff’s motion for a new trial on the theory that it had erroneously instructed the jury, as follows:

Although the duty is upon the operator…