Contemporary Business and Online Commerce Law 7th Edition by Henry R Cheeseman

Exercise 6

Judgment N.O.V. Mr. Simblest was driving a car that collided with a fire engine at an intersection in Burlington, Vermont. The accident occurred on a night on which a power blackout had left most of the state without lights. Mr. Simblest, who was injured in the accident, sued the driver of the fire truck for damages. During the trial, Simblest testified that when he entered the intersection, the traffic light was green in his favor. All the other witnesses testified that the traffic light had gone dark at least 10 minutes before the accident. Simblest testified that the accident was caused by the fire truck’s failure to use any warning lights or sirens. Simblest’s testimony was contradicted by four witnesses, who testified that the fire truck had used both its lights and sirens. The jury found that the driver of the fire truck had been negligent and rendered a verdict for Simblest. The defense made a motion for judgment n.o.v. Who wins? Simblest v. Maynard, 427 F.2d 1, Web 1970 U.S. App. Lexis 9265 (United States Court of Appeals for the Second Circuit)

Step 1 of 3

Facts of the Case

• Mr. S, driving a car, collided with a fire engine of M at an intersection in Burlington, Vermont.

• The accident occurred during a power blackout all over the streets.

• Mr. S sued the driver for because of the damage and injuries caused.

• During the course of trial, Mr. S stated that the traffic light was green while approaching the intersection.

• After driving half way, power failure lead to switching of all lights.

• Other witnesses stated that the failure of power happened 10 to 15 minutes before the accident.

• There was no other evidence about the traffic light operating at the time of the accident.

Mr. S testified not having heard the siren nor seeing the flashing lights of the fire engine. S’s testimony was contradicted by 4 witnesses who stated that the truck had used both in lights and sirens.

After considering all the evidence the court found that the driver of the truck had been negligent and rendered a verdict for S. The defendants then made a motion for JNOV.