Dixon v. Stewart

DURHAM, Justice:

This is an appeal from a no cause of action judgment where the jury found the pedestrian (plaintiffs’ decedent) 60% negligent and the driver of the car that hit and fatally injured him 40% negligent. The accident occurred at about 1:22 a.m. on January 1, 1979, in front of a house where a New Year’s Eve party was going on. The posted speed limit along the street was 35 miles per hour. The plaintiffs’ decedent, Dixon, who had been smoking marijuana, left the truck in which he had been sitting with a friend on the far side of the street away from the house and jaywalked across…