Getchell v. Lodge
Supreme Court of Alaska
65 P.3d 50 (2003)
Barbara Lodge (defendant) was driving on an ice-covered highway at approximately 45 miles per hour, 10 miles per hour below the speed limit. A moose walked onto the highway, and Lodge immediately slammed on her brakes. The icy road caused Lodge’s car to spin out, onto the other side of the highway. Joyce Getchell (plaintiff) was driving in the opposite direction and ran into Lodge, causing Getchell injury. Getchell brought suit against Lodge, claiming negligence per se on the ground that Lodge violated state statutes prohibiting drivers from crossing onto the other side of the highway. Lodge’s expert witness testified that Lodge had extremely limited time within which to react to the moose and correct her car’s spin, and that an average driver could not have avoided the statutory violation. The jury found in favor of Lodge. Getchell filed motions for judgment notwithstanding the verdict and a new trial, which the trial court denied. Getchell appealed.
Rule of Law
Holding and Reasoning (Fabe, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.