Madrid v. Robinson

Plaintiff, as guardian ad litem for Kenneth Madrid (Madrid), brought this action to recover damages for injuries sustained when Madrid was struck by a vehicle operated by defendant. Plaintiff also brought an action on her own behalf for loss of consortium. The cases were consolidated for trial and the jury returned a verdict for defendant, finding that he was not negligent. The trial court denied plaintiffs motion for a new trial and she appeals. We reverse.

On November 8, 1990, at approximately 5:00 p.m., Madrid was jogging westbound alongside the eastbound lanes of Highway 22 in Marion…