Kuhn v. Proctor

SUBSTITUTE OPINION, THE COURT’S PRIOR OPINION DATED MARCH 3, 2005 IS HEREBY WITHDRAWN.

SCHROEDER, Chief Justice.

Betty J. Kuhn (Kuhn) appeals from the judgment entered by the district court following a jury trial finding that she and Margaret L. Proctor (Proctor), were equally at fault for a motor vehicle accident occurring on August 15, 2001. Kuhn argues that the district court erred by (1) not granting Kuhn’s motion for a new trial, (2) not allowing evidence of Proctor’s payment of a traffic citation, and (3) improperly instructing the jury on the issue of insurance.

I

FACTUAL AND PROCEDURAL…