(DOWNLOAD) "David Seppi and Rosa Seppi v. Lester R." by Supreme Court of Idaho No. 12322 # eBook PDF Kindle ePub Free
eBook details
- Title: David Seppi and Rosa Seppi v. Lester R.
- Author : Supreme Court of Idaho No. 12322
- Release Date : January 19, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
This is a personal injury action arising from an auto-pedestrian accident in Lava Hot Springs, Idaho, in 1974. The jury returned a special verdict finding plaintiff respondent David Seppi, the injured pedestrian, and defendant appellant Lester R. Betty, the driver of the vehicle, equally negligent. The district court subsequently granted the respondents' motion for new trial and the appellants brought this appeal from that order. We affirm. Appellant Betty, an employee of appellant Mountain States Telephone and Telegraph Company, parked a company van in an offstreet parking lot near the Silver Grill Cafe in Lava Hot Springs and entered the cafe. The entrance to this parking lot crossed a city sidewalk. Upon returning from the cafe, Betty picked up safety cones at the front and rear of the van. After entering the van he checked to the rear using the rear view mirrors. The rear window was partially obscured by cargo. He then backed the van out of the parking lot, across the sidewalk and into the street at 2 or 3 miles per hour. The rear of the van struck 83 year old David Seppi as he was walking on the sidewalk. Betty testified that he did not see Seppi until after the accident and did not realize he had struck him until a bystander shouted. Seppi was aware that the driveway to the parking lot crossed the sidewalk, and just prior to the accident he noticed some vehicles in the parking lot but none which were moving. The van had been parked in the corner of the lot next to the sidewalk. Seppi had to walk past the van just prior to turning the corner and crossing the parking lot entrance where he was struck. He stated that he did not hear the van start or see the van in motion until it struck him. The van knocked Seppi to the ground and dragged him a few feet. Seppi was injured and was hospitalized for seventeen days.