Barth v. St. Jude Med., Inc.

LAWRENCE E. MOONEY, JUDGE

In this action for personal injuries arising out of an automobile collision occurring on a private parking lot, Peter Barth argues the trial court erred in not submitting his proposed comparative-fault instruction, which hypothesized failure to yield the right-of-way as a ground to assess fault to the defendant. We affirm because Mr. Barth did not propose an acceptable instruction defining the phrase "yield the right-of-way," and we decline his invitation to recognize a new common-law right-of-way rule.

Factual and Procedural Background

Peter Barth and Brooke Cannon…