Batts v. Capps

Linda W. Batts instituted an action against BP Oil Corporation and its truck driver, Donald L. Capps, to recover damages for personal injuries she sustained in a collision between a vehicle driven by Bonnie W. Willis, in which she was a passenger, and a panel truck operated by Capps. A jury trial resulted in a verdict for the defendant upon which the court entered judgment, and we granted the plaintiff a writ of error.

The only question properly presented for decision is whether the trial court erred in granting Instruction D-ll, which related to the theory of unavoidable accident.

The accident…