In response to a number of accidents involving pedestrians in the local business district, City enacted a statute making it illegal for a pedestrian to walk through the City’s central business district anywhere other than on the sidewalk. City also enacted a statute making it illegal for any business to obstruct the sidewalk in front of its establishment. Turner was walking along the sidewalk in the central business district on his way to lunch. Turner discovered that Loader had stacked a pile of boxes in front of his establishment, in such a way that it totally obstructed the sidewalk. Turner stepped into the street to walk around the obstruction of boxes. While in the street, Turner was struck by a taxi cab, negligently driven by Cabbie.
If Turner asserts a claim against Cabbie, Turner’s act of leaving the sidewalk and walking into the street will have which of the following effects?
A. It will bar Turner’s recovery as a matter of law.
B. It will bar Turner’s recovery unless Cabbie saw Turner in time to avoid the impact.
C. It may be considered by the trier of fact on the issue of Cabbie’s liability.
D. It is not relevant in determining the rights of Turner.
{ 9 comments }
