Lavely v. Wolota

HOFFMAN, Judge:

Appellant contends that the lower court erred in granting a compulsory non-suit. Appellant argues that the jury should have considered the question of appellee’s negligence and that she was not contributorily negligent as a matter of law. We agree, and, therefore, reverse and remand for a new trial.

On December 27, 1973, appellant 1 filed a complaint in trespass which alleged that appellee’s negligent operation of his truck caused severe injuries to appellant. At trial on October 4, 1976, appellant produced the following evidence. On October 5, 1973, at 1:45 p. m., on a clear,…