Bradbury v. Voge

The facts in the present case are basically as stated in the majority opinion, except that there is one critical issue of fact overlooked by the majority. The only independent eyewitness of this accident, Mr. Ronald Johnson, stated in his deposition that the defendant Nephi Voge, at least fifty feet prior to reaching the intersection, was driving at a very slow rate of speed and was over on the extreme right hand side of the road. Mr. Johnson also testified that it appeared that Mr. Voge was lost and that he was looking all around and definitely was not watching the road to the extent that a…