Simonson v. White

Kerry Eldon White was the driver of one of two cars involved in a fatal accident on September 7, 1980. White was sued by his passengers, Randy Simonson and Dave Rasmussen, as was the driver of the other automobile, Ike V. Phillips. White also filed a cross-claim against Phillips. The various lawsuits were consolidated, but on plaintiff-passengers’ request, trial on the liability issues was bifurcated from that on damages. Following trial by jury, White’s negligence was found to be the proximate cause of 40% of his passengers’ injuries. Phillips’ negligence was responsible for the other 60%.…