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Wilson v. Sibert

Alaska Supreme Court
535 P.2d 1034 (1975)

Written by Salina Kennedy, JD

Facts

E. H. Sibert was stopped in a line of cars at a drive-up window when the car in front of him suddenly backed up. To avoid being hit, Sibert reflexively backed up without looking behind him or sounding his horn. As a result, Sibert hit the car behind him, injuring its driver, Mary Wilson (plaintiff). Wilson sued Sibert for negligence. A jury found that Sibert was not negligent. Wilson appealed, arguing that Sibert was negligent as a matter of law because his failure to look behind him or warn Wilson prior to backing up demonstrated a total absence of care.

Rule of Law

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Issue

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Holding and Reasoning (Rabinowitz, C.J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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