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Ranard v. O'Neil
Montana Supreme Court
531 P.2d 1000 (1975)
- Written by Salina Kennedy, JD
Facts
On the night before his eighth birthday, Jerry Ranard (plaintiff) was hit and injured by a car driven by Kathy O’Neil (defendant). Ranard knew that he should look both ways before crossing the street, but he forgot and darted out in front of O’Neil. Ranard filed a negligence lawsuit against O’Neil, who moved for summary judgment based on contributory negligence. Specifically, O’Neil argued that Ranard was contributorily negligent as a matter of law because he violated a state statute that required pedestrians to yield the right-of-way to motorists. The trial court granted O’Neil’s motion, and Ranard appealed to the Montana Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Haswell, J.)
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