Miron ex rel. Hiller v. APCO Corp.

OPINION

MYRON L. GORDON, District Judge.

It is unnecessary to recite the facts of this case, except insofar as they relate to matters which this opinion will discuss. It is clear that Miss Miron, the injured plaintiff, was not negligent.

The Question of Fault

At the conclusion of the trial, I expressed my finding that the testimony of Lois Smith was wholly credible, and that I was of the opinion that she had truthfully and accurately described the nature of her automobile’s impact with the parking lot wall. I now add the conclusion that she was not negligent. In my view, Mrs. Smith acted in a…