Blanton ex rel. Bridges v. Holvey

ON MOTION FOR REHEARING

STONE, Judge.

We grant appellee’s motion for rehearing and republish our corrected opinion as follows:

This appeal is from a final judgment, in favor of the defendant-driver Holvey, upon a directed verdict entered in a negligence action brought on behalf of a four-year-old plaintiff. We reverse, concluding that there was sufficient evidence for the jury to resolve whether the appellee used due care under the circumstances.

*428The Holvey auto was heading north in the center lane when the child ran out from in front of a van which had stopped to Holvey’s left. The plaintiff and…