Steffen v. Schwan's Sales Enterprises, Inc.

KONENKAMP, Justice.

[¶ 1.] Marita Steffen pulled over to the side of the road and stopped to make way for an approaching emergency vehicle. After it passed, but before she started moving again, her car was rear-ended by a delivery truck owned by Schwan’s Sales Enterprises, Inc., and driven by James Koch. At trial, defendant Schwan’s claimed that Steffen was contributorily negligent because she remained stopped too long after the emergency vehicle had passed. Over Steffen’s objection, the circuit court gave the jury a contributory negligence jury instruction. Thereafter, the jury, through…