Berg v. Mengore

The majority says that we have “generally held” in rear-end collision cases that “allegations of negligence are questions for the jury,”① at least “in all but the most exceptional accident cases”② and that, in any event, there was sufficient evidence of contributory negligence to go to the jury in this case. I cannot agree.

1. “Allegations of negligence” in rear-end collision cases are not of themselves sufficient to require the submission to the jury of the question of negligence in the absence of evidence upon which the jury can properly base a finding of negligence.

In Miller v. Harder, 240…