Lundquist v. Western Casualty & Surety Co.

These two issues are presented by the instant appeal:(1) Was plaintiff’s causal negligence equal to at least 50 percent of the total aggregate causal negligence of himself and defendant?(2) Did the trial court commit error which affected the amount of damages awarded plaintiff?

Comparison of Negligence.

In the area of the accident the paved portion of Highway 13 is 22 feet wide with an 11-foot shoulder on the east, and a nine-foot shoulder on the west. There are no hills or curves at this point which would obstruct the view of a southbound driver such as plaintiff.

Plaintiff testified he first…