Figueiredo v. Hamill

On September 21,1975, an automobile driven by Charlotte Leland Hamill struck a pedestrian who died as a result of the accident.. The plaintiff, administrator of the estate of the deceased, brought an action in tort. At trial the defendant tried to introduce evidence that the deceased habitually acted in a reckless and negligent manner. The trial judge excluded the evidence of habit. The defendant made no specific offer of proof.1 The jury determined that the defendant was *100455 % negligent, and that the decedent was 45 % negligent. The defendant appealed. The sole issue raised by the…