Hitt v. Langel

In my opinion, defendant’s intestate was negligent as a matter of law and therefore the trial court erred when it denied appellant’s motion to remove the issue of appellee’s negligence from the jury’s consideration. The undisputed evidence is that the defendant’s intestate came to a sudden stop on Interstate Route 70, backed his car up and stopped, started forward again, stopped, and started backing again when he was hit by the truck driven by Norman Hitt. Such a heedless act on a controlled-access highway, where the permitted speed for vehicular traffic is seventy miles per hour, should be…