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State v. Iten

Minnesota Court of Appeals

401 N.W.2d 127 (1987)

Relevant factsFree

Raymond Iten (defendant) was driving a tractor-trailer when he saw a light ahead turn from green to yellow to red while he was still about 320 feet away. Believing he could not stop safely, Iten honked his horn and kept going instead of braking. His truck struck and killed Marna Quarnstrom's car in the intersection. At trial, evidence showed Iten had not maintained his brakes as required by law and that he actually could have stopped in time; he explained he feared the load shifting or the brakes locking or catching fire. Iten was convicted of criminal vehicular operation resulting in death and appealed.

IssueFree

Whether contributory negligence by the victim is a defense to a charge of criminal vehicular operation resulting in death.

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