Dull v. Tellez

OPINION

HENDLEY, Judge.

Plaintiffs sued for damages arising out of a rear-end. automobile collision. The trial court submitted the issue of unavoidable accident because o.f an .unforeseeable sudden illness to the jury;,- The plaintiffs objected on the ground that .¡there was no evidence of a sudden illness and that by submitting this as the basis for an unavoidable accident instruction the trial, court submitted a false issue to the jury. , The jury returned a verdict for defendant and plaintiffs appeal asserting there •• was a lack of evidence to support giving ' instructions relating to…