 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Bromley v. Garey3/29/1999
g, do not use it. Do not leave it loaded in the pickup. Do not drop it. The district court properly relied upon Robinson v. Williamsen Idaho Equipment Co., 94 Idaho 819, 827, 498 P.2d 1292, 1300 (1972), for the proposition that "no warning need be given, regardless of the nature of the supplier-user relationship, if the danger is obvious or actually known to user." Any duty that Garey had to warn was extinguished and irrelevant because of the knowledge Bromley possessed.
It is also clear that any failure to warn did not cause this event. The unfortunate accident was caused by the continued use and unsafe handling of the shotgun. Reserving this issue simply prolongs the expense of litigation. The issue has been presented to this Court in the respondent's brief, and the appellant did not file a reply brief. The result is apparent.
The question of negligence is almost universally left to a jury. However, there are cases where the facts are so clear that the court can say no reasonable jury could return a verdict in favor of the plaintiff either because the defendant was not negligent or the negligence of the plaintiff was equal to or exceeded that of the defendant. Reading the facts in the light most favorable to Bromley, this is one of those cases. If this case goes to trial it should not survive a motion for directed verdict or a motion for judgment notwithstanding the verdict if a sympathetic jury finds in favor of Bromley. Bromley had control of the instrumentality that caused his injury , and he was aware of the difficulty with the shotgun. Giving the evidence all the weight possible in Bromley's favor, the most that can be said is that his negligence was equal to or greater than any negligence by Garey. This case should be put to rest without the additional expense of legal representation and the waste of judicial and jury time.
Page 1 2 3 4 5 6 7 8 Idaho Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|