Hoeft v. Friedel

The issues presented are as follows:(1) Did an emergency exist as a matter of law?(2) Should the plaintiff have been found equally negligent as a matter of law upon a theory of agency or maintenance of control and should the jury have been allowed to consider plaintiff’s negligence in the actual operation and control of the automobile?(3) Did the trial court err in reducing the jury award of $17,000 for future disability to $9,000?

Appellants contend that the evidence establishes, as a matter of law, that Mary Friedel was faced with an emergency and, therefore, could not have been negligent in…