Moreno v. Mercier

PRESIDING JUSTICE STOUDER

delivered the opinion of the court:

The plaintiff-appellant, Andrew P. Moreno (plaintiff), filed a negligence action against defendant-appellee, Charles L. Mercier (defendant), for personal injuries sustained during a single-vehicle accident which occurred while he was riding as a passenger in a vehicle operated by the defendant. The trial court entered judgment on the verdict which found plaintiff 40% comparatively negligent. Plaintiff appeals, contending he was not comparatively negligent because he was under no duty to act as a matter of law. We agree and reverse in…