¶1with whom RABINOW-ITZ, Justice, joins, concurring.
¶2I disagree with that portion of the majority opinion suggesting that it “would have been preferable for the court to have instructed that the deceased’s conduct could be considered as bearing on the question of Wren’s alleged negligence.” My own view is that there was simply no evidence from which a reasonable person could conclude that the victim acted in any way to cause Wren’s vehicle to cross the centerline. Such an instruction would have encouraged the jurors to engage in pure speculation. As I understand the law it is the obligation of our trial courts to discourage such speculation wherever possible.
¶3Otherwise, I concur.