Miracle Mile Bottling Distributing Co. v. Drake

HATHAWAY, Judge.

This is an appeal from a judgment in a negligence action entered on a jury’s verdict for $40,000 in favor of the plaintiffs-appellees. The litigation arose out of an automobile collision on June 2, 1967, at the intersection of East 6th Street and Tucson Boulevard, Tucson, Arizona. Mr. Drake’s vehicle was struck by a truck owned by Seven-Up and driven by its employee, Robert Hall. The jury found in favor of the employee-driver and against Seven-Up, the employer.

Briefly, the facts are as follows. At approximately 4:30 p.m. on the day of the accident, Mr. Drake was proceeding…