Boyd v. Cleveland

OPINION

HENDLEY, Judge.

Plaintiff appeals a jury verdict for defendant in a personal injury action arising from a collision in which plaintiff’s automobile was struck from the rear by defendant’s pick-up truck. We affirm.

Point I. “THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN SUBMITTING TO THE JURY THE INSTRUCTION PERTAINING TO UNAVOIDABLE ACCIDENT AS INAPPLICABLE ON THE FACTS OF THIS CASE.”

Before an instruction on unavoidable accident may be given there must be-evidence from which a jury could conclude that the accident happened without the negligence of any party being the proximate cause.…