Odekirk v. Austin

366 P.2d 80 (1961)

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Odekirk v. Austin

Arizona Supreme Court
366 P.2d 80 (1961)

MP

Facts

Cleland P. Odekirk, a pedestrian (plaintiff), sued a driver (defendant) who hit and injured Odekirk with the driver’s car when Odekirk was inattentive and walking in the street with his back to oncoming traffic. The driver testified that he did not see Odekirk until an instant before striking him and that the driver immediately put on his brakes but could not stop his car in time. Odekirk alleged the driver was negligent, and the driver alleged that Odekirk was contributorily negligent. At trial, the jury returned a verdict for the driver, and Odekirk moved for a new trial. The trial court denied Odekirk’s new-trial motion, and Odekirk appealed.

Rule of Law

Issue

Holding and Reasoning (Bernstein, Vice C.J.)

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