Fegler v. Brodie

In Fegler v. Brodie, 574 P.2d 751, 755 (Wyo. 1978), the driver struck a toddler who darted in front of her from diagonally parked vehicles. Feltner, 348 P.2d at 549. After trial to the court, judgment was in favor of the driver, and that decision was upheld on appeal. Id. at 553. Feltner noted that the "sudden appearance" of the child in front of the vehicle was a circumstance supported by evidence permitting the trier of fact to decide that the driver had not been negligent. In other words, the "sudden appearance" of the child was a circumstance to be considered under ordinary negligence principles by the trier of fact. Id. at 550.