Tonner v. Cirian
Annotate this CaseDefendant's vehicle collided with Plaintiff's vehicle as Plaintiff was driving through an intersection. The collision damaged both vehicles and injured Plaintiff. Plaintiff filed an amended complaint against Plaintiff, alleging negligence. The district court granted Defendant's motion for summary judgment, concluding that Defendant was not negligent nor did she proximately cause the accident, as the collision would not have occurred without Plaintiff's violation of the right-of-way statute. The Supreme Court reversed, holding that Defendant was not entitled to judgment as a matter of law, as (1) the evidence established factual issues concerning the parties' comparative negligence; and (2) the district court erred by concluding that the issue of whether Defendant was maintaining a proper lookout was not a genuine issue of material fact.
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