Polly (a California resident) had the green light as she drove into the intersec
ID: 361965 • Letter: P
Question
Polly (a California resident) had the green light as she drove into the intersection (in Pomona). Don (also a California resident) carelessly ran the red light and collided with Polly, causing her $100,000 in damages. Poly was going 5 mph over the speed limit as she entered the intersection. The jury eventually determined that Polly was 3% to blame for the accident, and that Don was 97% to blame. Polly hired Art as her attorney, and she sued Don. She wanted to file the case with the U.S. District Court (federal court), if possible.???
During the trial, Art asked Polly:"When you entered the intersection, you had the green light, didn't you?'' Later, on crosee-examination, Don't attorney asked Polly:" You readlly had the red light, didnt you?"
How do you think the court would resolve this dispute? How would the state in which the case arose affect the outcome?
Please discuss.
Explanation / Answer
The court might resolve the issue by checking a CCTV footage at the signal. Anter analysing the case, it looks like there was some signal communication issues, which can only be resolved by looking at the footage. As per polly, her signal was green. But as per the Don's attorney, it was red when she sped through the intersection.
As per the jury, Polly is 97% right and 3% wrong, because she drove over 5mph near the intersection. And it is 97% mistake of Don because he rammed into Polly vehicle when his signal was red at the intersection. But as per Don's attorney, it is the mistake of Polly, and her signal was red and not Don's. So, court can rule this case by taking the evidence from the footage and secondly, from any by-passers who can give the evidence of the incident.
Since both are from the same state, it should not affect the outcome. If they are from the different states then in that case it might affect, but with same state, outcome will be that California should take strict actions against such accidents.