Jimenez v. Morgan Drive Away, Inc.

Johnson, Chief Judge.

This case arises out of an accident in which a tractor-trailer pulling an oversize load struck a disabled truck as it sat in the emergency lane of the highway. The injured driver of the disabled truck and his wife sued the tractor-trailer driver, his employer, and the employer’s insurance carrier. The jury returned a verdict in favor of the defendants. In this appeal, we decide whether the trial court erred in giving the defendants’ requested charges on the principles of assumption of risk, comparative and contributory negligence, and sudden emergency. Under the…