Flannery v. Whitaker

PREWITT, Presiding Judge.

Plaintiff David Clayton Flannery (David), while crossing Highway 76 in Taney County on foot, was struck by a pickup truck operated by defendant. At that time David was 18 years of age. David and his mother, Dorothy Knight, brought this action for damages. A jury returned a verdict in favor of defendant and judgment was entered in accordance with that verdict. Plaintiffs contend that the trial court erred in giving an instruction submitting contributory negligence by David in failing to keep a careful lookout. Plaintiffs claim that the instruction was improper because…