Lambert
Lambert v. General Motors
Opinion
Opinion
Gaut, J.
1. Introduction
Defendant General Motors (General Motors) appeals from a judgment against it after a jury trial and from an order denying its motions for new trial and judgment notwithstanding the verdict. Plaintiff Robbie Lambert (plaintiff) was injured in an accident which occurred while he was driving a 1985 Chevrolet Blazer manufactured by General Motors. Because the jury rendered an inconsistent verdict, we reverse.
2. Facts
After midnight on July 30, 1990, plaintiff was returning home from a camping trip at Lake Havasu. Plaintiff was driving a 1985 Chevrolet Blazer west on Interstate 40. The Blazer was owned by Tu V. Harley (Harley). Gerald Martin DeWitt (DeWitt), a passenger, was asleep next to Lambert. About 1:30 a.m., the Blazer, with its high beams on and traveling 65 to 70 miles per hour, passed a truck driven by Mark Gerald Pretz (Pretz). Pretz saw that plaintiff was slumped over the wheel and had probably fallen asleep. Pretz then watched the Blazer veer off the highway and begin to roll. Plaintiff suffered severe injuries rendering him quadriplegic. DeWitt was not seriously hurt.