JAMES STAMPER v. KYLE A. MILLER ET AL.

This is a negligence action arising from an accident wherein the plaintiff pedestrian was
struck by a motor vehicle driven by the defendant driver in a crosswalk. The crosswalk
was partially blocked by a parked repair truck belonging to the defendant city and operated
by a city employee. Following a jury trial, the jury found that all parties were negligent
and assigned comparative fault of twenty-five percent to the plaintiff, seventy percent to
the city, and five percent to the driver. Upon the jury’s finding that the plaintiff had suffered
$250,000.00 in damages, the trial court entered a judgment in favor of the plaintiff in the
amount of $187,500.00 (as seventy-five percent of his damages), with $175,000.00 to be
paid by the city and $12,500.00 to be paid by the driver. The city and the driver each filed
motions for judgment notwithstanding the verdict and remittitur, and the city also filed a
motion for new trial. Following a hearing, the trial court denied all post-trial motions. The
city appealed, and the driver has also raised an issue on appeal. Discerning no reversible
error, we affirm.