Harfield v. Tate

MARING, Justice.

[¶ 1] Todd and Ginger Harfield appeal from a judgment entered upon a jury verdict dismissing their negligence action against Jeremy Tate. We hold the trial court erred when it issued a jury instruction unsupported by the evidence and denied the Harfields’ motion for judgment as a matter of law. We reverse and remand to the trial court for further proceedings consistent with this opinion.

I

[¶ 2] On December 28, 1994, Tate rear-ended the Harfields’ car as he ascended the 19 th Avenue exit ramp on Interstate 29 in Fargo. A line of approximately four cars was stopped at the stop…