Swiney v. Overby

On September 4, 1985, the defendant, Andrew Overby, pulled his pickup truck to the side of the highway as a funeral procession proceeded in the opposite direction. The rear end of the pickup truck partially blocked the roadway. The plaintiffs decedent, Bradley Lynn Swiney, was driving a loaded logging truck when it collided with the defendant’s pickup truck.

The plaintiff sought damages from the defendant for wrongful death of the plaintiffs decedent. The jury was instructed that the defendant was negligent as a matter of law and that the only issue was whether the plaintiffs decedent was…