Freund v. DeBuse

The plaintiff alleged he was injured when the car he was driving was struck in the rear by defendant’s pickup. The defendant testified the collision occurred because his brakes unexpectedly failed. The jury returned a verdict for the defendant and plaintiff appeals.

The plaintiff contends the trial court erred in failing to instruct the jury that the defendant was liable. The basis of plaintiff’s motion was that the defendant was negligent per se because his brakes were not “adequate to control the movement of and to stop and hold such [his] vehicle” and his brakes were not “maintained in good…