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Garcia v. Bynum

816 F.2d 791 (1987)

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Garcia v. Bynum

United States District Court for the District of Columbia

816 F.2d 791 (1987)

Facts

While Jose Garcia (plaintiff) was crossing the street, he was hit by a car driven by John Bynum (defendant). Garcia suffered a broken leg and sued Bynum for negligence. Garcia claimed that he saw Bynum’s care five car lengths north of the intersection and that he crossed one-third of a block south of the intersection. Bynum and two witnesses stated that Garcia walked out from between two parked cars in the middle of the block and stepped immediately into the path Bynum’s car. Garcia testified that he crossed in the middle of the block at night wearing dark clothes, emerged from between parked cars, and knew a car was approaching. Garcia also stated that a sign indicated it was safe to cross and that he had seen others safely cross before him. Garcia then leisurely walked across three lanes without looking to confirm his assumption that Bynum would stop at the yellow light. The jury returned a verdict in favor of Garcia. Bynum moved for judgment notwithstanding the verdict (JNOV) or for a new trial, arguing that the verdict was based on sympathy, passion, or prejudice.

Rule of Law

Issue

Holding and Reasoning (Green, J.)

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