Klimovich v. Crutcher

Plaintiff, Joseph Klimovich, brought an action against defendant, Elcue Crutcher, for personal injuries incurred when struck by an automobile driven by the defendant. At the close of all the evidence, the trial court directed a verdict and entered judgment for the defendant. Plaintiff appeals contending that the evidence created issues of fact to be determined by the jury, and the court, therefore, erred in directing the verdict.

Defendant contends plaintiff produced no evidence of any negligence on the part of the defendant and that the evidence, as a matter of law, conclusively established…