Kissinger v. United Parcel Service Co.

Mues, Judge.

INTRODUCTION

David L. Kissinger was a passenger in a vehicle that was struck from behind by a United Parcel Service Co. (UPS) truck being driven by Dan R. Hoselton. Following the close of the evidence at the jury trial, Kissinger moved for a directed verdict on the ground that Hoselton was negligent as a matter of law because he failed to maintain a proper lookout. The trial court denied the motion, and the jury returned a verdict in favor of the defendants. Kissinger filed a motion for judgment notwithstanding the verdict and for a new trial. Both motions were overruled, and…