Clark v. Toms

McMurray, Presiding Judge.

This is an action for damages arising from a one-vehicle wreck. Plaintiff alleges that defendant Toms negligently lost control of an automobile in which she was riding as guest passenger. (Defendant Toms’ stepfather is also named as defendant under the family purpose doctrine.)

Defendants’ evidence is that plaintiff rather than defendant Toms was driving at the time of the wreck. Plaintiff has no recollection as to whether she was driving at the time of the wreck, but has presented the deposition of two witnesses who testify that on the night of the wreck defendant…