Sulkowski v. Schaefer

Fairchild, J.(1) Suggested negligence of plaintiff. It is undisputed that although Barbara made some general observations as to the street they were on, the approximate speed of the car, and the like, she was not “paying any particular attention to the road” and that she did not see the parked car before they struck it. Defendants contend this was evidence from which the jury could find her negligent as to lookout, and further suggest she may have been “distracting” Robert as he drove.

Robert (aged twenty-one) and Barbara (aged twenty) had spent the evening together, beginning at about 7:30.…