As Schwartz made the left hand turn, Hutchins' car collided with the passenger side of Schwartz's car. Hutchins and Robin Leonard, a witness, testified that Schwartz never stopped before making the turn. When it appeared clear to turn, Schwartz began a left hand turn. Schwartz and Patrick Michels, his passenger, testified that Schwartz stopped at the intersection and waited for oncoming traffic to pass. Hutchins testified he was driving at approximately 50 mph and slowed to 40-45 as he approached an intersection since the speed limit changes to 40 mph. This case arises out of a two-car collision.
#Robert schwartz third point trial#
Schwartz cross appeals the trial court's award of costs. On appeal Hutchins claims that the trial court erred 1) by admitting evidence of Hutchins' failure to wear a seat belt 2) by denying his motion for judgment notwithstanding the verdict (JNOV) and/or new trial and 3) by finding that Schwartz was the prevailing party and entitled to attorney's fees. The jury determined that Hutchins was 40% comparatively negligent. Middleton, Bradbury, Bliss & Riordan, Anchorage, for appellee and cross appellant.īefore RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.Ĭharles Hutchins and Donna Hutchins (Hutchins) appeal a jury verdict which awarded Hutchins $1,937.09 damages for injuries sustained in an automobile collision with Robert Schwartz (Schwartz). Moss, Dennis, Kibby & Moss, Anchorage, for appellants and cross appellees. Robert SCHWARTZ, Appellee and Cross Appellant.
HUTCHINS and Donna Hutchins, Appellants and Cross Appellees,
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