ROME v. ROME

No. 45444.

239 N.W.2d 232 (1976)

Brian ROME, Respondent, v. Barry ROME, Defendant, Rowland Millard, Appellant.

Supreme Court of Minnesota.

February 13, 1976.


Attorney(s) appearing for the Case

Sahr, Kunert, Tambornino & Soshnik, Roger T. Sahr and Paul Kunert, Minneapolis, Farrish, Johnson & Maschka and Robert G. Johnson, Mankato, for appellant.

John H. McLoone IV and Einer Iversen, Waseca, for respondent.

Heard before OTIS, PETERSON, and SCOTT, JJ., and considered and decided by the court en banc.


OTIS, Justice.

This is a personal injury action arising out of an automobile accident. The jury, upon special verdict, found defendant Rowland Millard 0 percent negligent, and defendant Barry Rome 100 percent negligent. The trial court ruled that defendant Millard was negligent as a matter of law and granted a new trial on the issue of liability. We reverse and reinstate the verdict.

This case presents the issue of whether an automobile driver is negligent...

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