Smith v. Mobley

Deen, Presiding Judge.

Glenn D. Smith brought suit against Gerald Mobley for personal injuries and damages to his pick-up truck which he claims he sustained when his vehicle was struck in the rear by a truck driven by Mobley while he was stopped and waiting to make a left turn. The jury found for the defendant and Smith appeals, contending that the trial court erred in charging the parties’ contentions, the doctrine of last clear chance, and accident. Held:

1. Appellant’s contention that the court below erroneously charged one of the defendant’s contentions by attributing it to the plaintiff is…