Medlar v. Mohan

In this appeal, we determine whether, under the facts and circumstances of this case, primary and contributory negligence are factual issues to be resolved by a jury or matters of law to be decided by a court. We also determine whether the trial court erroneously instructed the jury.

I

Robin Lynn Medlar sued Janet Lea Mohan to recover damages for personal injuries allegedly caused by Mohan’s negligent operation of a motor vehicle. Mohan denied the negligence claim and asserted the affirmative defense of Medlar’s contributory negli gence. The trial court, over Medlar’s objection, submitted the…