Wilfong v. Batdorf

These cases can be divided into two distinct issues. The first is whether the failure to give an audible signal by plaintiff-appellant Cindy Wilfong before attempting a passing maneuver was negligence per se and the proximate cause of the ensuing accident. The second, an issue common to both cases, is whether the doctrine of comparative negligence should have been applied as the standard by which to judge the conduct of the plaintiff and plaintiffs decedent.

I

After argument by defendant Batdorf s counsel, concerning the failure of plaintiff Wilfong to give an audible signal before attempting…