to Jones, he was traveling about 40 mph in the outer northbound lane when he saw Donavan about to step into his lane of travel. He quickly switched to the inside lane in order to pass behind him. Unfortunately, Donavan jumped backwards into the inside lane and collided with the right front bumper. No yaw or skid marks were present, suggesting that Jones made an abrupt but controlled lane change. The evidence is undisputed that Jones obeyed the posted speed limit and that he hit Donavan some feet north of the crosswalk. The precise point of impact is unknown.
Potts and Wheeler witnessed the accident from the curb near the parking lot. They testified that Jones suddenly changed lanes and struck Donavan; Donavan flew over the hood, smashed intomethod is fencing the lot to channel people to the spot where the crosswalk is located. Moreover, he considered this particular parking lot a "hostile pedestrian environment." In his opinion, the darkness of the parking lot and its poor condition (large potholes) contributed significantly to pedestrians choosing to avoid walking through the lot to the crosswalk; their only other options would be to walk along the highway to the crosswalk, creating further danger, or to simply walk directly across the highway, which many chose to do. Not only would lighting the parking lot enhance motorists' visibility and allow pedestrians to see the crosswalk, according to Dr. Glennon, but it would also signal activity on the west side of the highway, increasing a motorist's expectation for encountering pedestrians.
Riverwood's evidence