Wiskur v. Johnson

NANCY STEFFEN RAHMEYER, Judge.

Tonya Wiskur sued Karl Johnson for damages arising out of a motor vehicle accident involving Johnson’s moving vehicle and Wiskur’s parked vehicle. Wiskur contends that the trial court erred by submitting the failure to keep a careful lookout verdict director, MAI 17.05, instead of her proposed non-MAI instruction, which was a modification of the rear-end collision verdict director, MAI 17.16. We agree. The trial court abused its discretion by refusing to submit Wiskur’s proposed instruction; thus, we reverse the judgment and remand for a new trial.

During the…