Don Streater is driving his new Mustang on a two-lane road, Highway 101, on the outskirts of town. The speed limit on Highway 101 is 45 miles per hour. Albert Hunt is also driving on Highway 101, heading in the opposite direction from Streater. Hunt looks to his passenger seat to find a map, when he veers across the center line into Streater’s direction of travel. The two cars collide; luckily, neither man is killed, but Streater is seriously injured. In financial terms, his medical injuries, medical expenses and pain and suffering are estimated at approximately one hundred thousand dollars.
Streater sues Hunt, alleging negligence on the part of the defendant. The evidence at trial establishes that defendant Hunt was traveling at 50 miles per hour, that he had consumed three beers at lunch approximately 30 minutes before the accident occurred, that he has 20/50 uncorrected vision, and that he was not wearing his prescription eyeglasses at the time of the accident. Evidence at trial also establishes that plaintiff Streater was traveling 50 miles per hour at the time of the accident, and that he was not wearing his seat belt when the collision occurred.
Should the jury return a verdict in favor of Streater in the amount of one hundred thousand dollars (representing his medical injuries, medical expenses, and pain and suffering,) plus the associated costs of litigation? Does it matter whether the state in which the accident occurred recognizes the contributory or comparative negligence doctrine? In not wearing his seat belt, did plaintiff Streater “assume the risk?”