Payne v. Sorenson

Plaintiff Mark Payne appeals from both the judgment entered in favor of the defendant Raymond R. Sorenson and an order denying Payne’s motion for a new trial. The cause, a personal injury action, was tried before a jury in the District Court, Eleventh Judicial District, Flathead County.

Payne’s injuries arose out of a motor vehicle-pedestrian accident on the night of May 27, 1976. Payne and two companions were driving late that night on a dirt logging road north of Columbia Falls. It was a dark night with no moon, and it was raining intermittently.

Payne and his companions walked to the…