Casey

This case arises out of an auto collision on a narrow, winding road. Plaintiff appeals from a judgment on a jury verdict in favor of defendants.

Facts

Plaintiff was a passenger, along with three other people, in a car driven by defendant Dahlberg. As they were driving on a narrow, winding mountain road, Dahlberg’s car collided head-on with defendant Russell’s car coming around a curve in the opposite direction. Plaintiff was injured in the accident.

The evidence is basically undisputed. The investigating officer testified that Woodhouse Road was a winding dirt road. At the point where the accident took place, the road curves around a five-foot embankment, restricting visibililty to about 100 feet ahead. At the site of the accident, the road was about 15 feet wide. The vehicles came to rest with Dahlberg’s left wheels about two feet from the embankment, while the right front wheel of Russell’s car was three feet from the embankment and the right rear wheel was six feet from the embankment. Skid marks showed that Dahlberg skidded about 24 feet, and Russell skidded about 21 feet until the point of impact.

Russell testified that, because of the roughness of the road, he…