Holmes v. Pomeroy
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The Supreme Court affirmed the decision of the court of appeals affirming the determination of the district court that evidence of approximately twenty instances of Defendant's cell phone use while in a vehicle over an approximately three-year period was inadmissible as habit evidence.
Plaintiff was riding his bicycle when he was struck with the vehicle driven by Defendant. Plaintiff filed a negligence petition against Defendant. Before trial, Defendant filed a motion in liming asking the district court to prevent Plaintiff from making any argument that she had a habit of driving while distracted. The district court refused to admit evidence of Defendant's cell phone use while driving to prove a habit. The jury returned a verdict for Defendant. The court of appeals affirmed. The Supreme Court affirmed, holding that proffered specific instances of Defendant's cell phone use while driving were not numerous enough to constitute habit evidence.
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