Booth v. State

OPINION

ECKERSTROM, J.

¶ 1 In this appeal, we are asked to decide whether the trial court erred in allowing a jury to determine that the state negligently had failed to prevent elk from entering portions of Interstate 40 (1-40) just east of Flagstaff. Based on the particular facts presented in this case, we conclude that the issue was properly presented to the jury and affirm the judgment entered below.

¶2 In December 1998, Jerry Booth was severely injured when the car he was driving collided with an elk lying in the roadway on 1-40 near milepost 211. He sued the state on his own behalf and that…