Wellman v. Wehmeyer

I am unable to join in the principal opinion because I am persuaded that the trial was impacted by several errors. The errors are prejudicial because the jury clearly could have assigned a percentage of fault to the driver. It is indeed surprising that it found him wholly free from fault when, with good vision, properly operating headlights, and no obstacles in his way, he did not see the pedestrian until the moment of impact. If the trial is free from error the verdict controls, but I find it hard in this context to excuse any error as nonprejudicial.

1. Erroneous Instruction in Final Argument