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Jackson v. Brown
West Virginia Supreme Court of Appeals
801 S.E.2d 194 (2017)
Robert Jackson (defendant) was driving a flatbed truck. Jackson stopped at an intersection perpendicular to a four-lane highway. Jackson planned to drive across the two eastbound lanes and make a left turn into a westbound lane. Jackson saw an oncoming truck in the eastbound lanes but believed he had sufficient time to cross. Harry Myer Jr. was driving a motorcycle below the speed limit in the right eastbound lane as Jackson started to cross the lane. Myer hit his brakes and stayed in the right lane, but his motorcycle collided with Jackson’s truck near the left edge of the right lane. Myer died as a result of his injuries. Pamela Brown, the administratrix of Myer’s estate (plaintiff), brought a wrongful death action against Jackson. Jackson defended the case by alleging that Myer was negligent in swerving left rather than right. The circuit court granted summary judgment to Brown.
Rule of Law
Holding and Reasoning (Ketchum, J.)
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