Dakter v. CavallinoAnnotate this Case
Plaintiff was driving a passenger automobile when he collided with a semi-trailer truck operated by Defendant. A jury found Defendant sixty-five percent causally negligent and Plaintiff thirty-five percent causally negligent. The jury assessed damages at more than $1 million for Plaintiff and $63,366 for Plaintiff’s wife. Defendant appealed, arguing that the trial court erred in giving a truck driver negligence instruction on the standard of care applicable to Defendant because the instruction imposed a heightened standard of care on Defendant. The court of appeals affirmed, concluding that any error in the challenged jury instruction was not prejudicial. The Supreme Court affirmed, albeit on different grounds, holding that the truck driver negligence instruction did not misstate the law and was not misleading.