Albers v. Fernandez

BARRY, Judge.

The children of an elderly victim in an automobile/pedestrian accident appeal the denial of damages. They claim the jury erred in concluding that the victim assumed the risk. The motorist and her insurer argue that the driver was not negligent.1

FACTS

The accident occurred on December 12, 1979 about 6:00 to 6:30 p.m. on a four lane street with a street level neutral ground. Mrs. Bonnie Fernandez, age 72, whose husband was a front seat passenger, testified she was driving about 25 m.p.h. in the right outside lane. The police report specifies 35 m.p.h. which is within the speed limit.