Fidler v. Koster

Hannon, Judge.

INTRODUCTION

A pedestrian sued a driver of a vehicle and the driver’s employer for negligence after the pedestrian was struck by the driver’s vehicle as she crossed the street without using a crosswalk. At the close of all the evidence, the trial court granted a directed verdict in favor of the driver and her employer, reasoning that the pedestrian had not provided sufficient evidence of proximate cause to submit her claim to the jury, based on the fact that experts for both sides agreed that the driver could not have avoided the accident in the time it took the pedestrian to…