Brascia v. Johnson

OPINION

This is an appeal from an order granting a new trial based upon the trial judge’s view that the jury did not follow the court’s instructions. We hold that a finding that the first driver was negligent is within the jury’s prerogative.

Facts

On March 19, 1986, respondent Christina Johnson was on Tonopah Drive at the intersection with Rancho Drive in Las Vegas. There was a stop sign where traffic on Tonopah merged with traffic on Rancho at a sharp angle. A line of cars waited on Tonopah to merge onto Rancho, and appellant Stephen Brascia was immediately behind Johnson in that line.

Johnson…