Paxton v. American Family Mutual Insurance Co.

LOWENSTEIN, Judge.

Plaintiff-appellant, Paxton, was stopped at a traffic light at the intersection of Nichols Parkway and Ward Parkway in Kansas City when his automobile was rear-ended by Margaret Benson’s automobile. It was cloudy and raining on the morning of June 21, 1981 when the collision occurred. Paxton testified the traffic light was red when his car was struck; Benson said the light had already changed to green. Paxton said his foot was on his brake pedal, and his taillights were working right before impact. Benson said she saw no brake lights on Paxton’s car, and with the light green…