Tomforde v. Newman

Plaintiff, Patricia A. Tomforde, appeals from judgment for defendant, C. R. Newman, entered pursuant to the order of the district court and in accordance with a special jury verdict. On appeal she argues that the district court erred in not granting her motion for judgment notwithstanding the verdict and iii instructing the jury as to defendant’s theory of defense and the emergency rule. We affirm.

Plaintiff was injured when the vehicle in which she was a passenger, owned and driven by Steven Morrow, was struck from behind, while stopped for traffic, by a vehicle owned and driven by defendant.…