Arbenz v. Bebout

John Charles Arbenz, a 19-year-old minor, through his guardian sued defendant for injuries received in an automobile accident occurring on Highway 130 west of Laramie about 6:30 p.m., November 2, 1966, alleging defendants negligent operation in not exercising proper care and vigilance and in not maintaining a proper lookout or having his vehicle under control. Defendant answered, contending that he had not been negligent and that it was plaintiffs negligence which had caused the accident. The issue of liability was tried separately to the court without a jury and at the conclusion of plaintiffs case defendant moved for a judgment on the ground of plaintiffs negligence or contributory negligence being the proximate cause of the accident and injuries. The court granted the motion, finding inter alia that "the collision between parties cars and the resultant damages to the Plaintiff had been proximately caused by the joint negligence of both the Plaintiff and the Defendant." Plaintiff has brought this - Page 318 appeal, arguing that the trial court erred in finding Arbenz negligent, in finding that his tending to his disabled vehicle was the proximate cause of the injuries, and in failing to apply the doctrine of last clear chance to the facts.