This section contains the nature of the case and procedural background.

Because of the darkness, the icy road conditions, and the possibility of moose crossing the highway, D was driving at about forty-five miles per hour in a fifty-five zone. A moose emerged out of the darkness and tried to cross the road. D hit her brakes as hard as she could. The car skidded immediately and began to rotate in a counterclockwise direction. D lost control, and the car crossed the center line of the road. It came to a stop in the southbound lane. P, heading south, saw a car in her lane. P hit the passenger side of D's car. The impact injured P's ankle, requiring surgery. State Trooper Harold Leichliter investigated the accident and completed an accident report. The jury found D not negligent. The jury found D not negligent. P moved for a judgment in her favor, notwithstanding the verdict or, alternatively, a new trial. The court entered judgment in favor of D and against D for $17,042.50 in attorney's fees and $5,473.18 in costs. P moved for a judgment in her favor, notwithstanding the verdict or, alternatively, a new trial. It was denied, and P appealed.

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