Goetz v. Green River Rural Electric Cooperative Corp.

I think enough uncertainty can be conjured up here as to what a reasonable man would do in the circumstances of this case as to require submission of the issue to a jury, and that the circumstances in which Goetz acted were not calculated to alert him so forcefully to the dangers at hand as to render his conduct negligent as a matter of law. When we view the evidence in the light most favorable to Goetz, his freedom from contributory fault appears possible — possibly probable — a jury question. Let us view the evidence that way for a moment.

There is no evidence that Goetz actually saw the…