Rome v. Rome

Otis, Justice.

This is a personal injury action arising out of an automobile accident. The jury, upon special verdict, found defendant Rowland Millard 0 percent negligent, and defendant Barry Rome 100 percent negligent. The trial court ruled that defendant Millard was negligent as a matter of law and granted a new trial on the issue of liability. We reverse and reinstate the verdict.

This case presents the issue of whether an automobile driver is negligent as a matter of law in failing continuously to observe an oncoming car which improperly enters his lane, causing a collision.

The plaintiff…