Whitney v. State

Plaintiff appeals from a jury verdict and a judgment for the defendants and from the denial of a motion for a new trial. We reverse and order a new trial.

The basic issue is whether the plaintiff, who stated in a deposition that she perceived a road sweeper in the outside lane, should have been permitted to introduce testimony of others to show that the plaintiff's perception of the position of the equipment on the highway was erroneous due at least in part to the equipment operator's alleged failure to activate warning lights on the equipment.

On March 3, 1976, the plaintiff drove into the…