Maier v. WilsonAnnotate this Case
This case arose from a 2013 vehicle-pedestrian collision in Missoula, Montana. Kerry Maier sued Erin Wilson for injuries she sustained following the accident. As she approached the intersection of Sixth Avenue and Helen Avenue, Wilson was blinded by the sun’s glare on her windshield. Maier had parked on Helen Avenue and was walking towards her job at Curry Health Center. Maier usually crossed Sixth Avenue at the unmarked crosswalk adjacent to Helen Avenue. Maier testified that she looked for oncoming traffic but only saw a car a fair distance away and believed she could cross safely. Maier testified that she walked more than halfway across Sixth Street before she struck by Wilson’s vehicle. Maier’s body was hurled a considerable distance into the bike lane. Maier suffered serious injuries from the collision, including ten fractures, an ACL tear, a concussion, and internal injuries to her bladder. Maier filed a motion for partial summary judgment arguing, based on an accident reconstructionist and the deposition of Wilson, she was entitled to summary judgment on her negligence per se claim because she was within the unmarked crosswalk. Wilson opposed the motion, arguing Maier failed to meet her burden of showing no dispute of fact existed. The District Court concluded a genuine dispute of material fact existed concerning whether Maier was in the unmarked crosswalk, which precluded summary judgment. A jury would return a defense verdict finding Wilson not negligent in the collision. The Montana Supreme Court affirmed in part, and reversed in part, the district court's judgment. The Court held the District Court properly denied Maier’s motion for summary judgement because a clear dispute of fact existed concerning whether Maier was within the unmarked crosswalk. The Court concluded the District Court did not err when it expanded upon the jury’s question by including section 61-8-503, MCA, in its response. Furthermore, Maier failed to show how giving a proper jury instruction to the jury prejudiced her. Lastly, the Court held the District Court abused its discretion in denying Maier an opportunity to cross-examine Smith about her inconsistent statements. Denying Maier the opportunity to cross-examine affected a substantial right. Accordingly, the Court determined the verdict should be set aside and a new trial granted.