Lara v. Nevitt

Opinion

GRIMES, J.

Appellant, a long-distance tracker, was the successful plaintiff in a personal injury case arising from a motor vehicle accident but claims there was no substantial evidence to support the jury’s finding that he was 50 percent at fault for failing to wear a safety restraint while asleep in the sleeper berth of the track, and the unjust verdict was the result of (1) instructional error and (2) jury misconduct in rendering a quotient verdict. We find the court did not err in giving an instruction on the seat belt defense, and the jury did not arrive at a chance or quotient…