Bunkfeldt v. Country Mutual Insurance

It was conceded at the trial that plaintiff was free of negligence. The sole issue on this appeal is whether the trial court correctly adjudged defendant Durwood Erickson guilty of causal negligence as a matter of law by directing a verdict in plaintiff’s favor.

This case is unusual in that defendant Durwood Erickson did not testify and defendants put in no testimony. But plaintiff and the deputy sheriff who investigated the accident testified on the negligence issue.

Plaintiff testified as follows: He was driving north on Highway 57 at a point where the highway curved to the northwest. When he…