Warfel v. Cheney

OPINION

CORCORAN, Judge.

Plaintiff-appellant Joseph A. Warfel (plaintiff) was injured when a car driven by defendant-appellee Becky L. Cheney (defendant) rear-ended plaintiff’s motorcycle while he was stopped at a red light.

Plaintiff sued defendant, seeking compensatory and punitive damages. Defendant admitted her negligence in causing the accident and the case proceeded to jury trial to determine damages. The jury was instructed that it could reduce damages if plaintiff’s failure to wear a helmet was a failure to exercise ordinary care for his safety and if this failure caused any portion of…