State v. Koch

In State v. Koch, Vt. , A.2d (2000), the evidence, viewed in the light most favorable to the State, showed that the defendant was driving during daylight hours, with good road conditions and good visibility. He had an unobstructed line of sight of 1200 feet and should have been able to see the victim standing at the side of the road for at least twenty seconds prior to the accident. We held that these facts were sufficient to support a finding that the defendant was guilty of grossly negligent operation. See Koch, Vt. at , A.2d at . In Koch, the defendant had been inattentive for at least twenty seconds prior to striking the victim with his car, and the defendant had a longer period to view the spot where the pedestrian was standing, when struck, but there was no evidence that the pedestrian was in that spot during the entire period of observation.