Dial v. Seven-Up Bottling Co.

HYDE, Judge.

Action for $75,000.00 damages for personal injuries sustained in an intersection collision between plaintiff’s car and defendant’s truck. The jury found for defendant but the trial court sustained plaintiff’s motion for new trial and defendant has appealed.

Plaintiff submitted on primary negligence (Instruction 3) of defendant’s truck entering the intersection against a red traffic control light. Defendant submitted the converse (Instruction 7) that plaintiff entered the intersection when the light was not green in her favor. Defendant also submitted contributory negligence on…