Traphagan v. Mid-America Traffic Marking

I agree with the rule announced by the majority regarding the circumstances under which apportionment of fault must be submitted to the jury, and I concur in the result of the instant case. *159However, I write separately to address the propriety and effect of the trial court’s directed verdict of Traphagan’s negligence.

This court has long held that a motorist is deemed negligent as a matter of law if he or she operates a motor vehicle in such a manner as to be unable to stop or turn aside without colliding with an object or obstruction in the motorist’s path within his or her range of vision.…