Weston v. Dun Transportation & Stringer, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• affirming grant of summary judgment when evidence showed as a matter of law that plaintiff could have avoided the consequences of a defendant’s negligence by the exercise of ordinary care but failed to do so
• affirming grant of summary judgment when evidence showed as a matter of law that plaintiff could have avoided the consequences of a defendant’s negligence by the exercise of ordinary care but failed to do so
• plaintiff's decedent was aware that her view of oncoming traffic was completely obstructed, yet she entered the intersection
• “Wil[l]ful conduct is based on an actual intention to do harm or inflict injury.”
• “Wil[l]ful conduct is based on an actual intention to do harm or inflict injury.”
• while issue of whether plaintiff exercised due diligence for his own safety is ordinarily reserved for the jury, it may be summarily adjudicated if plaintiff’s knowledge of the risk is clear and palpable

Source: CourtListener parenthetical corpus (CC0).