Case Explained: Masek v. Peterson

Court: United States Court of Appeals for the Tenth Circuit Filed: 2026-08-06 Docket: 1:23-CV-02908-RMR-TPO) The Tenth Circuit affirmed the district court’s denial of a motion for a new trial in a diversity action involving negligence and negligence per se claims arising from a vehicle accident. The court held that the jury verdict in favor of the defendant was not clearly, decidedly, or overwhelmingly against the weight of the evidence. Applying an abuse of discretion standard to review the denial of the new trial motion, the court evaluated the record in the light most favorable to the prevailing party. While acknowledging that a violation of Denver Revised Municipal Code § 54-234(1) constitutes negligence per se under Colorado law, the court found sufficient evidence to support the jury’s finding that the defendant was not negligent. Specifically, the court noted that although a passenger testified she did not see the driver check the lane before maneuvering, the passenger admitted she was looking for a parking garage at the time and was unfamiliar with Denver. This testimony, combined with other evidence regarding the driver’s cautious habits, plausibly supported the inference that the driver had ascertained the safety of her movement. Consequently, the judgment of the district court remains in effect, and the plaintiff’s claims are dismissed. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.