« on: December 03, 2007, 04:37:57 PM »
A girl is driving 80 in a 60 cause she is in a rush to get to the airport. As a result, she crashes into some guy's wagon with a bunch of pigs inside. The driver is hurt, the wagon is damaged, and the pigs are killed.
Plaintiff asks that the statute (the speed limit) be admitted into evidence. Defendant claims that it is irrelevant. Should it be admitted?
Assuming that it is admitted, how should the jury be instructed?
(a) the staute makes the defendants negligent
(b) If you find that Defendant was driving in excess of the speed limit, you may find that she was negligent
(c) If you find that Marian was driving in excess of the speed limit, you must find that Defendant as negligent
(d) No Jury instruction pertaining to the statute.
Answer: It should be admitted, but the instruction should only be used as evidence that Defendant was negligent, and not negligence per se. Why is this? Somebody help me, before I kill myself!