Kremer v. Audette

Velma Kremer sued Randy Audette, seeking recovery of damages for personal injuries she sustained during an altercation between Audette and a third person. Kremer appeals from the jury verdict in favor of Audette, alleging the trial judge erred in refusing her requested instructions on negligence and refusing to admit certain evidence offered in rebuttal. We reverse and remand for a new trial.

At trial, evidence was presented that on May 7, 1977, Kremer, in the company of C. J. Hooper and another couple, was eating, drinking and dancing at the Gateway restaurant in Sedro Woolley, Washington.…