Watson v. Regional Transportation District

762 P.2d 133 (1988)

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Nature of the Case

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Facts

P and her husband were traveling on their motorcycle behind a Transportation (D) bus. The bus stopped for a stoplight and began a right turn after the light changed. Before completing the turn, the bus stopped again. P's husband applied the brakes on the motorcycle when he saw the bus stop. The motorcycle skidded sixty-three feet and struck the rear of the bus. P owned the motorcycle jointly with her husband, but she did not have an operator's license and did not know how to operate the motorcycle. P sued D for negligence. D alleged that P's negligence or the negligence of her husband caused or contributed to the accident. D asserted that any negligence of P's husband must be imputed to her. D moved for summary judgment. The trial court granted D's motion in part, holding that the husband was negligent as a matter of law and that his negligence must be imputed to P. On rehearing, the trial court rescinded its ruling that P's husband was negligent as a matter of law. The court refused to alter its ruling that any negligence on the part of P's husband would be imputed to P. The jury returned a verdict finding D fifty-one percent negligent and P forty-nine percent negligent and set damages at $100,000. It awarded P $51,000. P appealed. The court of appeals affirmed the imputation. P appealed.