Question
Mr. Gates was driving a car that collided with a fire engine at an intersection in Keokuk, Iowa. The accident occurred on the night on
Mr. Gates was driving a car that collided with a fire engine at an intersection in Keokuk, Iowa. The accident occurred on the night on which a power blackout left most of the state without lights. Mr. Gates, who was injured in the accident, sued the driver of the fire truck for damages. During the trial, Gates testified that when he entered the intersection, the traffic light was green in his favor. All of the other eight witnesses testified that the traffic light had gone dark at least 10 minutes before the accident. Gates testified that the accident was caused by the fire truck's failure to use any warning lights or sirens. Gates' testimony was contradicted by all of the witnesses, who testified that the fire truck used both its lights and sirens. The jury found that the driver of the fire truck had been negligent and rendered a verdict for Gates. Whatmotionshould the defense make? Will it be successful?
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