ARGUMENT ANALYSIS

Continued

You should be able to include the following sentences in appropriate spots in your case brief:

a) These cases exemplify situations in which a finding of contributory negligence as a matter of law would be appropriate;

b) If it is properly a jury question for a person to walk across an ice-coverred parking lot, then it surely must also be a jury question for a pedestrian to cross an intersection in front of an oncoming vehicle that was slowing down and appeared to be granting her the right of way;

c) This case is virtually identical with the case-at-bar. A finding in that case that a jury issue was presented requires the same finding here.