Smith v. Delvin

I respectfully dissent. While I have no disagreement with the general propositions of law cited by the majority, I do disagree with the manner in which they are applied to the facts of this case.

The facts of the case essentially reveal that this was a head-on collision in which one car (Delvin’s) was in the wrong lane of traffic. Smith, the driver in the correct lane, was young and very familiar with the particular stretch of roadway. Delvin, the driver in the wrong lane, was elderly, confused and very unfamiliar with the area. The majority bases its decision to reverse the directed verdict…