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Pesson v. Reynolds11/13/1998
urt allocated 60% of the fault to Mr. Reynolds, 40% of the fault to DOTD and no fault to Mrs. Pesson. The trial court stated that the "testimony varies with respect to [Mrs. Pesson's] speed," but the experts [Dr. Dart and Mr. Wyble] agreed that speed played no part in the accident. The trial court further stated that "because of the limitations of low beam headlights, visual distractions, and the few second reaction time, the accident would have occurred at any speed." The trial court concluded that "the evidence established that [Mrs. Pesson] never saw the low-boy trailer extending into her lane." The trial court also concluded that the "testimony at trial indicated that [Mrs. Pesson] had one drink at the party she had just left, but there is no credible evidence that [Mrs. Peesson] was alcohol impaired," and therefore, her conduct played no part in the accident. A careful review of the record reveals no manifest or clear error in the trial court's assessment of fault in this case.
For the foregoing reasons, I respectfully Dissent from the majority's opinion in this matter.
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