Harris v. Meadows

477 So. 2d 374 · Supreme Court of Alabama · 1985

Facts

Plaintiff Harris, driving east, collided with defendant Meadows, who was turning left across her path. Meadows admitted negligence, but the jury found Harris contributorily negligent, despite Harris's testimony that she only slowed down, hoping Meadows would clear, rather than braking hard to avoid the collision. Harris appealed the jury's verdict.

Issue

Did the trial court err in upholding a jury verdict finding the plaintiff contributorily negligent when the plaintiff argued the verdict was unsupported by facts and contrary to law?

Holding

No. The court affirmed the judgment, finding sufficient evidence for the jury to conclude the plaintiff was contributorily negligent in failing to act reasonably to avoid the collision.

Rule

A jury verdict is presumed correct and will not be set aside unless it is without supporting evidence or is so contrary to the evidence as to render it wrong and unjust. The doctrine of contributory negligence, though harsh, remains established jurisprudence.

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