Peters v. Howser

LAVORATO, Justice.

Bobbie Peters brought this suit to recover damages after she was injured in a collision between a car in which she was a passenger and one driven by the defendant, Lawrence Howser. Although judgment was entered for Peters, she now appeals and raises several issues, two of which we find dispositive.

First, she contends the district court erroneously allowed the jury to consider whether she was contributorily negligent. Second, she maintains the district court should not have given Howser credit, toward damages, for advance payments. The jury’s finding of thirty percent…