Diaz v. Duke

The opinion of the court was delivered by

Fatzer, J.:

The action was to recover damages for personal injuries sustained in an automobile collision on Grant Avenue, in Junction City.

At the close of all the evidence, and over the objection of the defendant, the district court sustained the plaintiff’s motion for a directed verdict on the issue of liability, and instructed the jury the defendant was negligent as a matter of law. The verdict was for the plaintiff in the amount of $20,000, and the defendant has appealed. We reverse on the ground the defendant’s liability was a question of fact to be…