Carlson v. Powlish

OPINION

CRIPPEN, Judge.

At the trial of appellant Brenda Carlson’s wrongful death claim against respondent Sharon Powlish, the trial court granted a directed verdict as to decedent’s negligence, but left the questions as to causation and respondent’s negligence to the jury. We reverse and remand for a new trial.

FACTS

Dale Carlson died in a two-vehicle collision occurring about 11:45 p.m. on May 28, 1984 on State Highway 28 in Big Stone County just west of Graceville, Minnesota. Carlson was driving an automobile east on Highway 28 and respondent Sharon Powlish was driving west.

Powlish testified…