Livingston v. Smalley Transportation Co.

GODERICH, Judge.

The plaintiff, Sandra Livingston, appeals from a final judgment entered pursuant to a jury verdict which found her to be fifty percent comparatively negligent. Livingston also appeals from the trial court’s order denying her motion to set aside the verdict and have judgment entered in accordance with her motion for directed verdict. We affirm.

On January 16, 1988, at approximately 3:30 a.m., Livingston, Larry Fitzpatrick and Dwight Bellamy were travelling in a van when it stalled and could not be restarted. Fitzpatrick, the van’s driver, and Bellamy testified that they exited…