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The court found both driver and pedestrian at fault in a driveway collision, split liability 50/50, awarded $50,000 in non-pecuniary damages, and dismissed other damage claims.
Given the statutory presumption under s.248 and the uncontested admissible affidavit and witness evidence establishing the pedestrian was on the crosswalk and observable and that the driver failed to see or yield, the Court concluded there was no genuine issue of material fact on contributory negligence and therefore summary judgment on liability was mandatory under Rule 13.04; the proposed amendment to add aggravated damages was dismissed because it disclosed no reasonable cause of action against the defendants (insurer conduct does not create such a claim against the insured) and would be p…
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