McClintic v. Hesse

Opinion by

Judge FURMAN.

In this action arising from a rear-end automobile collision, plaintiff, Colleen S. McClintic, appeals from a judgment entered upon a jury verdict in her favor that apportioned thirty percent of fault to her and seventy percent to defendant, Donald C. Hesse, II. We reverse and remand.

I

On February 12, 2001, both McClintic and Hesse were traveling westbound through the mountains on Interstate 70. Road conditions were dry; the day was clear and sunny. McClintic was traveling in the right lane when she saw a herd of Rocky Mountain bighorn sheep between 300 and 900 feet…