Earlier last month, a state supreme court handed down a decision reversing a lower court’s ruling in favor of a defendant who struck a pedestrian as she was crossing the street. The court based its reversal on the improper jury instructions that were given by the trial judge.
Samson v. Nahulu: The Facts of the Case
In the case, Samson v. Nahulu, the plaintiff was the family of a young girl who was seriously injured when she was struck by an SUV driven by the defendant. The facts of the case were hotly contested at trial, with testimony from several eyewitnesses differing as to many of the important variables, such as whether the girl was in the crosswalk at the time of the accident, how far into the road she was when she was hit, and where exactly the nearby buses were parked in relation to the point of collision.
During trial, the judge made several important rulings regarding the evidence that the jury was allowed to consider. Specifically, the judge determined that the plaintiff would not be permitted to have a lay witness testify that the defendant was going “too fast,” and the court would not allow a photo of the intersection annotated by a witness that showed the young girl was in a crosswalk at the time of the accident.