Von Lubowiecki v. Donnell

The sole question in this appeal is whether the trial court erred in ruling that the plaintiff-, Vera Von Lubowiecki (Lubowiecki), was guilty of contributory negligence as a matter of law.

Lubowiecki sued Donnell to recover damages for personal injuries she sustained when she was struck by an automobile operated by Donnell as Lubowiecki was walking across a street. The case was tried to a jury, and at the conclusion of Lubowiecki’s evidence, Donnell made a motion to strike. The trial court sustained the motion and entered summary judgment for Donnell, ruling that Lubowiecki “was…