Thomas v. Parker Refrigerated Services, Inc.

THORNTON, S. J.

Plaintiff appeals from the trial court’s dismissal of one of her two counts against defendant and from the court’s order allowing defendant’s motion for judgment notwithstanding the verdict on the other count after the jury had returned its verdict in plaintiffs favor. The court erred in both respects and we reverse.

According to plaintiff, on September 3, 1979, between 9 p.m. and 10 p.m., she was driving a pickup north from Harrisburg on the Interstate 5 freeway. Her brother was also driving north in his car just ahead of her. Plaintiff and her fiance saw what they identified…