Kinard v. Carter

BEATTY, Justice.

Appeal by plaintiffs from the denial of their motion for a new trial following a verdict and judgment for the defendant in plaintiffs’ action based upon negligence and wanton conduct. We affirm.

The action arose out of a motor vehicle accident that occurred on Interstate 65 north of Montgomery. Olis Ralph Kinard and his wife, Valarie, who was driving, were travelling in the northbound lane, while Jack Carter was driving in the southbound lane at approximately 55 m.p.h. Carter saw what appeared to be a “recap” on the highway about 60 to 100 feet directly in front of his…