Semian v. Ledgemere Transp., Inc.Annotate this Case
Plaintiff sustained injuries when she collided with a bus owned and operated by Defendant. Believing the bus would drive straight, Plaintiff, who was riding a bicycle, began to pass the bus on the right when the bus turned right. Plaintiff hit the side of the bus and then fell under it. A jury found that Defendant was seventy-five percent negligent and that Plaintiff was twenty-five percent negligent. The Supreme Court affirmed, holding (1) 29-A Me. Rev. Stat. 2070 does not protect a motorist from liability merely because a cyclist passes on the right, and therefore, section 2070 did not entitle Defendant to judgment as a matter of law; and (2) the court did not err in declining to instruct the jury on the provisions of 29-A Me. Rev. Stat. 2063(2), which prescribes the circumstances when a cyclist must ride on the right side of a way, as the statute was inapplicable in this case.