Karcher v. American Service Mutual Insurance

LANDRY, Judge.

Plaintiff appeals dismissal of his tort action against his host driver, Beauford J. Alexander, and Alexander’s omnibus insurer, American Service Mutual Insurance Company, for damages for personal injuries sustained in a single car accident.

The sole issue on appeal is whether defendant has successfully rebutted the prima facie showing of negligence on his part resulting from plaintiff’s establishing that the car in which plaintiff was riding struck the median barrier of a four lane highway while plaintiff was asleep on the back seat. We affirm the judgment of the trial court.

On…