Gustafson v. Benda

SMITH, Presiding Judge.

Defendant appeals from a judgment against her of $20,200 in a jury-tried personal injury case. The main contention on appeal is that plaintiff failed to make a submissible case under the humanitarian doctrine on his specific theory that defendant was negligent in failing to swerve or slow her vehicle and that that negligence caused plaintiff’s injuries.

Plaintiff was riding a motorcycle on two-lane Highway 141 in St. Louis County. He began passing a series of cars ahead of him which were traveling at 30 m.p.h. Plaintiff’s speed during the passing was 40 m.p.h. After…