Ybarra v. Wassenmiller

In Ybarra v. Wassenmiller (206 Neb. 164, 291 N.W.2d 725 [1980]), the plaintiff, a security guard, was injured when a customer, whom he had told to back out of the area, backed his truck into him. Defendant testified that he looked in his rear mirrors and rear window and saw no one--although he admitted that there was a blind spot. The jury returned a verdict for defendant and plaintiff appealed. The Ybarra court held that "Whether the defendant had kept a proper lookout and whether he had the right to believe that the person who told him to move would stay out of the way of danger were questions to be decided by the jury . . . Although a pedestrian may have a perfect right to be where he is, nevertheless, he is bound to exercise reasonable care for his own safety. The trial court was correct in submitting to the jury the issue of plaintiff's contributory negligence." (206 Neb. at 170-172, 291 N.W.2d at 729, 729-730.)