McCreary v. Conroy

CRIST, Presiding Judge.

Plaintiff appeals from a jury verdict for the defendant in a personal injury case arising from an automobile collision. Plaintiff claims an instruction on contributory negligence for alleged failure to stop, swerve or sound a warning was erroneously given by reason of insufficient supportive evidence. We disagree and affirm.

Defendant is entitled to have all evidence considered in the light most favorable to him giving defendant the benefit of any favorable inferences, and disregarding plaintiff’s evidence unless it tends to support the contributory negligence…