The Alaska Supreme Court recently rejected a plaintiff’s challenge to a jury’s verdict in a personal injury case that had denied the plaintiff relief and found the defendant was not operating his vehicle negligently when the accident occurred. The state high court ruled that the jury could have reasonably concluded that the accident was not the defendant’s fault and that he should not be held accountable for the injuries allegedly suffered by the plaintiff in the accident. Based on the latest appellate ruling, the plaintiff will most likely not be compensated for the injuries that she suffered in the crash.
The plaintiff in the case of Marshall v. Peter was a woman who was struck from behind by the defendant’s vehicle while she was waiting to make a left-hand turn at an intersection. According to the facts discussed in the appellate opinion, the parties agreed that the road conditions were icy at the time of the accident, and the police officers who responded to the crash cited the defendant for causing the accident by making an improper start. The plaintiff filed a personal injury lawsuit against the defendant after the accident, alleging that he negligently failed to account for the road conditions and maintain a safe following distance from the plaintiff, causing the accident and her subsequent injuries.
The Jury Finds that the Defendant Was Not Negligent
After trial on the plaintiff’s claim, the jury returned a verdict in favor of the defendant, finding that the defendant had operated his vehicle with due care considering the conditions at the time, and the accident was an unavoidable and minor result of uncontrollable conditions, rather than the defendant’s fault. In response to the verdict, the plaintiff asked the court to enter judgment in her favor notwithstanding the jury’s findings, but the trial court rejected her request. The plaintiff then appealed that ruling to the state supreme court, arguing that the defendant should be liable for the accident as a matter of law and that the jury’s verdict was unreasonable.