Merrick v. Stansbury

Plaintiff, Eugene V. Merrick, sustained per*901sonal injuries when a bicycle he was riding collided with a truck owned by defendant, City of Spokane, and driven by its employee, defendant Ed Stansbury. Plaintiffs brought this action against the defendants to recover damages, claiming that Stansbury was negligent in failing to yield the right-of-way. Defendants affirmatively alleged that plaintiff was contributorially negligent in failing to maintain a proper lookout. Following a trial to the court, both parties were found negligent and plaintiffs’ complaint was dismissed. This appeal followed.

The…