Thomson

BACKGROUND

At trial, plaintiff testified she was driving her daughter to school when she saw flashing lights and children in a crosswalk ahead. Plaintiff slowed and then stopped at the crosswalk. About 10 or 15 seconds after she stopped, defendant rear ended her.1 Defendant testified he was driving about 30 miles per hour on a street he drives every weekday. It was a sunny day. He had been following plaintiff’s truck for some minutes, at a distance of about 50 feet. As he was driving, his phone, which was on the passenger seat, rang. Defendant looked forward, saw that plaintiff’s truck was

1 Plaintiff’s daughter similarly testified.

1 proceeding and there were no pedestrians or flashing lights in the crosswalk ahead, and then looked down at his phone to see who was calling him. Defendant initially testified that he looked down for around 5 to 10 seconds. He subsequently testified this estimate was overstated and he in fact looked down for three seconds. When he looked back up, “suddenly the white truck [plaintiff’s truck] stopped.” He was unable to brake in time to avoid impact. The jury, in a special verdict, found defendant was not negligent.

DISCUSSION

I.…