Ayscue v. Weldon

WALKER, Judge.

Plaintiff, administrator of the estate of Vincent Allen Ayscue, sued defendant for wrongful death of his intestate. The complaint alleges *637that on 12 May 1989, defendant was driving a pickup truck along U.S. Highway #1 while under the influence of alcohol when he lost control of the truck, ran off the road, turned over and struck a rock. The complaint further alleges that defendant was negligent and that as a direct and proximate result of his negligence, the deceased suffered serious bodily injuries from which he died.

Defendant answered, alleging as defenses that the deceased,…