Minnegren
Minnegren v. Nozar
Opinion
Opinion
Ashmann-Gerst, J.
A jury concluded that respondent Joshua B. Nozar (Nozar) was not negligent in connection with a two-car collision in which appellant Sassa Minnegren (Minnegren) was injured. Minnegren appeals from the judgment, contending that the special verdict was not supported by sufficient evidence and the trial court erred when it denied her motion for new trial. She also appeals from the denial of her motion for judgment notwithstanding the verdict (JNOV).
In essence, Minnegren asks us to take the verdict away from the jury and determine the evidence established that Nozar was negligent as a matter of law. But long-standing and consistent precedent teach that negligence is a question of fact where, as here, there is evidence that a driver exercised at least some care and therefore might have acted reasonably even if his or her action ultimately led to a car collision. The judgment and order are affirmed.
FACTS
The Collision
On September 1, 2010, Nozar drove a Range Rover to college for a 9:30 a.m. class and could not find parking in a campus parking lot. Sometime between 9:20 a.m. and 9:45 a.m., he exited the parking lot and drove southbound on 10th Street looking for a place…