Civil Procedure Keyed to Hazard
Simblest v. Maynard
Simblest (Plaintiff) was a New Hampshire citizen on a business trip in Burlington, Vermont on November 9, 1965. Maynard (Defendant) was a resident of Vermont and a full time fireman for the Burlington, Vermont Fire Department at the time of the accident at issue in this case. On the evening of November 9, Plaintiff was approaching the intersection of Main Street and South Willard Street in Burlington. According to his testimony, Plaintiff approached the intersection where a green light was in his favor. Approximately halfway through crossing the intersection, Plaintiff claims the power to the traffic signal went out. While he was passing through the intersection, a fire engine driven by Defendant with its sirens on hit Plaintiff. Defendant and other witnesses claim that the power to the traffic signal had been out for ten to fifteen minutes before Plaintiff entered the intersection. Plaintiff sued Defendant. At trial, Defendant made motions for a directed verdict both at the conclusion of Plaintiff’s case in chief as well as at the conclusion of the presentation of evidence. Both were denied. The jury returned a verdict in favor of Plaintiff. Defendant made a motion for a judgment notwithstanding the verdict, which was granted by the trial court, setting aside the verdict. Plaintiff appealed.
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