Jones v. Petroleum Carrier Corp. of Florida

RONEY, Circuit Judge:

Having before us a decision of a Georgia state court in a companion case arising out of the same accident which controls the law in this federal diversity case, we hold that the Georgia law of comparative negligence does not apply to the facts of this case and that the plaintiff is entitled to a new trial because the jury was charged on the comparative negligence doctrine.

*1370Seventeen-year old Johnnie Lee Jones was a guest passenger in an automobile owned and operated by J. R. O’Neal, when it collided with a tractor-trailer rig owned by defendant Petroleum Carrier…