Meyer v. Estate of Swain

*596OPINION

Appellant Craig Curtis and respondent Frances Swain died as a result of injuries sustained in a motorcycle-pedestrian collision. A jury determined that Curtis was entirely responsible for the collision and that Swain was fault free. Because the trial court erred in refusing to instruct the jury on Swain’s statutory duty as a pedestrian to remain off the highway while intoxicated while at the same time giving a comparable instruction on the unlawfulness of Curtis’s driving while under the influence and because the evidence clearly shows that Swain’s negligence, in some degree,…