Baumgartner v. State Farm Mutual Automobile Insurance

I dissent.

The record supports the trial judge’s findings that defendant-driver, William N. Morgan, was negligent in failing “to see what he could or should have seen” and that Morgan had the last clear chance to avoid the accident. Moreover, the evidence leads me to conclude further, as the trial judge apparently did, that the contributorily negligent pedestrian, Henry H. Baumgartner, did not have such a last clear chance. Accordingly, I would affirm the lower court’s finding of liability.

Elmon F. Randolph, an expert in accident investigation and reconstruction upon whom the trial judge…