Archibald v. Gossard

Foley, J. †

This is an action for personal injuries and damages sustained as a result of an automobile collision which occurred in the city of Seattle on August 28, 1960, at an uncontrolled intersection. The jury returned a verdict for the plaintiff, who was the “favored driver.” The trial court determined as a matter of law that the negligence of the disfavored driver, Thomas Gilbertson, who died prior to trial from causes unrelated to the collision, was the proximate cause of the injuries and damages sustained by the plaintiff, and the jury was instructed accordingly. The defendant appeals.

Th…