Schomp v. Wilkens
501 A.2d 1036 (1985)
Issues
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Nature Of The Case
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Facts
Ps alleged that Gregory (P) was injured in a bicycle collision as a result of the negligence of D, who was riding the other bicycle involved in the accident. P was then 17 1/2 years old, was riding his bicycle near his home. There were no cars traveling on the street or parked, and P was riding about two feet from the curb and looking straight ahead. He estimated his speed to be approximately 10 m.p.h. As he rode down a slight decline, gently applying his brakes to maintain a constant speed, he was struck by the bicycle ridden by D, who was exiting his driveway. P was injured. There is sufficient foliage surrounding D's driveway to prevent a clear view of it on approach from Washington Drive. P neither saw D approach nor heard any kind of warning. D presented no evidence at trial. The trial judge instructed the jury that the standard of care for a minor is that exercised by a person of similar age, judgment, and experience. The judge declined to charge the jury on the effects of violation of the motor vehicle statutes relevant to the situation. The jury returned a verdict of no cause for action. Ps appealed.
Holding & Decision
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Legal Analysis
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