Walter v. Fuks

KONENKAMP, Justice.

[¶ 1.] While driving a farm tractor down a county road, defendant turned unexpectedly and struck plaintiffs motorcycle as plaintiff was trying to pass on the right. At trial, defendant asserted that plaintiff was driving under the influence of alcohol at the time and was barred from recovering based on contributory negligence and assumption of the risk. A jury returned a verdict for plaintiff. On appeal, we conclude that the circuit court erroneously instructed the jury on the presumptions applicable only to criminal prosecutions for DUI. Also, plaintiffs repeated…