Cicogna v. Holder

WEBB, Justice.

The question raised by this appeal involves the quantum of evidence necessary to submit contributory negligence to the jury when the plaintiff’s vehicle is struck by another vehicle while the plaintiff is proceeding through an intersection pursuant to a green light. There is no evidence in this case that there was anything that would have put the plaintiff on notice that the defendant would not obey the traffic light. Absent such evidence, contributory negligence should not have been submitted to the jury. The plaintiff was not required to anticipate that the defendant would be…