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Fugere v. Pierce

Court of Appeals of Washington
490 P.2d 132 (1971)


Facts

Shila Fugere (plaintiff) was driving under poor conditions when she was struck by an oncoming vehicle owned by Lopez. A few seconds later, Fugere was struck by a vehicle driven by Oscar Pierce Jr. (defendant), who had been driving behind Fugere. As a result of the accident, Fugere’s liver was lacerated, and she suffered additional injuries to her finger and her hip. Fugere brought a lawsuit against Pierce to recover damages incurred as a result of the collision. At trial, Fugere and her passenger testified that the second impact caused by Pierce’s car was more forceful. The trial court instructed the jury that Pierce was not liable for any injuries or damages sustained by Fugere that were caused by the negligence of a third party. The jury returned a verdict in favor of Fugere but awarded her only $2,500. Fugere appealed, arguing that the jury instruction was given in error and had incorrectly instructed the jury to reduce her damage award based on the negligence of a third party.

Rule of Law

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Issue

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Holding and Reasoning (Armstrong, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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