Cooper v. Rang

KONENKAMP, Justice.

[¶ 1.] Plaintiff was stopped at a stop sign at the bottom of an icy hill. Defendant knew the roads were slippery and saw plaintiffs vehicle, but did not apply her brakes in time to prevent her car from sliding into the rear of plaintiffs minivan. At trial, the plaintiff moved unsuccessfully for a judgment as a matter of law on defendant’s negligence, and the jury returned a verdict for defendant. Because there was no issue of contributory negligence and no claim of legal excuse for failure to stop, the circuit court erred in not granting plaintiffs motion. We reverse and…