Thomason v. Pilger

¶ 1 The question presented on certiorari is whether the trial judge erred in submitting the issue of plaintiffs contributory negligence to the jury? We answer in the negative.

I. Facts and Proceedings Below

¶2 This cause arises out of a collision between an automobile operated by Delmar Thomason and a heavy truck, a truck-tractor and semi-trailer (semi), operated by Ronald M. Pilger, defendant/appellee. Naomi Tho-mason, plaintiff/appellant, was a passenger in the automobile driven by her husband, Delmar Thomason. Pilger was driving the semi in the course of his employment with Alternative…