Lumaye v. Johnson

Petree, Judge.

Plaintiffs Gregory B. Lumaye, Joseph N. Lumaye, and Elva M. Lumaye appeal from the Franklin County Court of Common Pleas where a jury found in favor of defendant Cynthia Davis in this negligence action. Plaintiffs present three errors for review:

“I. Whether a motorist with the right of way has a duty of due care to observe and to avoid a collision when approaching and passing through an intersection?

“II. Whether it was prejudicial to allow testimony in a negligence action, that the defendant did not do anything ‘unlawful’ for which she could be cited in violation of traffic laws?