Goodstein v. Gary Fronrath Chevrolet, Inc.

There was a collision between an automobile operated by William Cronin, Jr., and a bicycle ridden by nine-year-old Brian Good-stein. A negligence action ensued with comparative negligence being asserted as an affirmative defense.

*870It appears that the accident happened in the daytime during a heavy rainfall. Good-stein was riding his bicycle on the sidewalk. His way was blocked by a parked car in a driveway whereupon Goodstein went around the parked ear and into the street and was struck by Cronin. There were trees in the swale between the sidewalk and the road.

The trial court directed a verdict…