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Zempel v. Slater12/6/2005
hat Zempel was traveling the speed limit in conformity with his habit and that the speed limit was 55 miles per hour on that part of Route B; that, at 55 miles per hour, a vehicle travels 82.5 feet per second; that Slater was traveling 5 miles per hour across Route B, which was 22 feet, 9 inches wide; that, at 5 miles per hour, a vehicle travels 7.5 feet per second; that a driver's reaction time is 3/4 of a second; and that Zempel's motorcycle left a skid mark starting 84 feet, 10 inches from the intersection. In fact, in the context of Zempel's comparative fault for the accident, Slater's counsel argued that this evidence showed that Zempel's motorcycle was between 268 and 330 feet from the intersection when Slater entered it and, therefore, Zempel could have seen Slater in time to avoid the collision. Likewise, this was substantial evidence from which a jury could conclude that Slater failed to keep a careful lookout because he could have or should have seen Zempel. Moreover, this was substantial evidence from which a jury could conclude that the motorcycle presented an immediate hazard and Slater failed to yield the right-of-way.
Therefore, it was proper to give the verdict-directing instruction on both theories and to deny the motions for directed verdict and for judgment notwithstanding the verdict.
Points IV, V and VI are denied.
III. CONCLUSION
The judgment is affirmed.
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