Motorist Liability Upheld Despite Pedestrian Contributory Fault

A lower court judgment holding a motorist liable for damages resulting from a collision with a pedestrian was appealed, with the appellant arguing that the lower court failed to adequately consider the pedestrian's contributory fault in crossing the roadway outside of a crosswalk and in twilight conditions. The high court dismissed the appeal, finding that the lower court's determination that the motorist's failure to exercise due caution was the primary cause of the accident was a factual finding within its discretionary power, and that the mere fact that the pedestrian was partially at fault did not necessarily exonerate the driver, as the obligation to maintain a proper lookout and control of the vehicle remains paramount.