Sullivan v. Cyr

WATKINS, Judge.

This is an action for personal injury brought by Carl Edward Sullivan against David Wayne St. Cyr and his insurer, Metropolitan Property and Liability Insurance Company, arising from an accident in which a truck driven by St. Cyr struck Sullivan, a pedestrian. A jury found St. Cyr not to have been negligent, and rendered judgment for defendant. Sullivan has appealed, contending the instructions to the jury were erroneous, and that St. Cyr was in fact negligent.

At about 9:30 p.m. on January 4, 1982, Sullivan, who counsel for plaintiff admits was drunk or mentally impaired, was…