Drake v. Farmers Mutual Automobile Insurance

I concur with the majority’s position as to the standard to be applied in determining whether or not the right-hand driver at an unguarded intersection has appropriately reduced his speed as he approached or crossed the intersection. I also agree with- the majority, in view of the standard, that there was no evidence to support a jury finding of “unlawful speed” on the part of Drake, assuming such finding was made by the jury.

My disagreement is confined to the majority’s treatment of the apportionment of negligence in which the jury assessed 60 percent of the fault to Drake and 40 percent to…