Reed v. Little

This is a traffic accident case in which the jury found plaintiff 90% comparatively negligent. Defendant appeals from an order of the Cascade County District Court, which concluded defendant, the following driver, was negligent as a matter of law and granted plaintiffs a new trial on the issue of damages only. We reverse the order of the court *201and reinstate the jury verdict.

The dispositive issue on appeal centers on the relationship between negligence per se and comparative negligence.

The accident occurred on August 29, 1979 at the intersection of First Avenue North and 26th Street in Great…