Goff v. Radi, Inc.

Plaintiff appeals from a judgment on a directed verdict for the defendant in an action for damages arising out of a motor vehicle collision.

Viewing the evidence in the light most favorable to the plaintiff, the record would justify a finding that the plaintiff’s brakes failed without warning and he found himself entering an intersection on a through highway without first stopping as required by a stop sign. His vehicle was moving about two miles an hour and, by his testimony, was out of control when it was struck by defendant’s vehicle.

To avoid the force of his own negligence, plaintiff…