Gustafson v. Benda

WELLIVER, Judge.

This case was transferred to this Court by the court of appeals after opinion.1 Rule 83.02. We review the case as if it were on original appeal. Rule 83.09.

The case involves a collision between plaintiff-respondent’s motorcycle and defendant-appellant’s automobile. The motorcycle was in the act of passing the automobile as the parties approached a “T” intersection. The accident occurred when appellant turned toward the left.2 The sole issue involved and certified for our reexamination is the definition of “the point of imminent peril” or “the point of immediate danger.” If…