Smith v. Carriere

TODD, Justice.

Ed Smith’s truck was hit from the rear by a car driven by Steve Carriere. Smith brought an action for injuries sustained in the accident. The jury found Smith and Carriere 50% liable and found that Smith had not sustained any loss of earning capacity. Smith appeals the judgment below. We reverse for a new trial on all issues.

On the afternoon of January 16,1979, the plaintiff, Ed Smith, was driving his pickup truck east on County Road 11 between Gen-tilly and Red Lake Falls. There was snow on the road and visibility was poor. Smith was maintaining a speed of 30-40 miles per hour.…