609 A.2d 1180 | Me. | 1992
John Hammond, plaintiff in this personal injury action, appeals from a judgment entered by the Superior Court (Penobscot
On the evening of February 13, 1988, Hammond and Gaboury were both driving pickup trucks in opposite directions on Route 222 in Levant. Both trucks were equipped with a driver’s side mirror mounted on a bracket. As the two trucks passed, their mirrors collided, resulting in, according to Hammond, injury to Hammond.
In order for Hammond to recover, the court would have to find that Gaboury was negligent and that Gaboury’s negligence exceeded any negligence on the part of Hammond. Moses v. Scott Paper Co., 280 F.Supp. 37, 41 (D.C.Me.1968); 14 M.R.S.A. § 156 (1980). The court determined that Hammond and Gaboury were equally negligent. We review such a determination for clear error. Harmon v. Emerson, 425 A.2d 978, 981 (Me.1981). In our review, we give due regard to the trial court’s opportunity to judge the credibility of witnesses and weigh the evidence. Herbert v. Mrozik, 521 A.2d 291, 292 (Me.1987); Tonge v. Waterville Realty Corp., 448 A.2d 902, 905 (Me.1982); M.R.Civ.P. 52(a). We discern no error.
The entry is:
Judgment affirmed.
. See 14 M.R.S.A. § 156 (1980) providing in part:
If such claimant is found by the jury to be equally at fault, the claimant shall not recover.