Churning v. Staples

ENOCH, Chief Judge.

Defendant appeals a judgment in favor of plaintiffs for damages arising out of an automobile rear end collision. We affirm.

Defendant first contends that the trial court erred in not submitting to the jury his tendered instructions on the negligence of plaintiffs as a contributing factor. He argues that the instructions should have been submitted because there was evidence that: (1) Plaintiff Leon Churning came to a sudden stop without signaling; (2) plaintiff Lilli Churning did not wear a seat belt; and (3) plaintiff Lilli Churning did not seek prompt medical care.

The issue…