Goodman Ex Rel. Taylor v. Venable

OPINION

HENDLEY, Judge.

Plaintiffs appeal an adverse jury verdict on two grounds which relate to (1) the court’s refusal of a tendered instruction on presumption of knowledge of a defective condition, and (2) thé giving-of an instruction on unavoidable accident.

We affirm.

Defendant, Susan Venable, drove her father’s car to school. The brakes were functioning normally. Susan and a friend left school and drove to a restaurant for lunch. Susan noticed the brakes had to be depressed a little further .than normal to stop the vehicle, although the stopping distance was still normal. At the end of the…