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

P, was severely injured when the automobile in which she was a passenger was driven into the back of another vehicle and overturned. P sued D. Without any doubt, D was negligent. The only factual issue was whether P failed to exercise reasonable care for her own safety P knew or should have known that D was too intoxicated to drive safely. The trial the judge directed a verdict as to D's negligence. The case was submitted on the issue of D's contributory negligence. P had requested an instruction on comparative negligence. The jury found for D and P appealed. The court of appeals affirmed and P appealed.

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