Smallwood v. Walling by Through Walling

INGRAM, Justice.

Tommy Walling, a minor, was injured when the motorcycle he was driving collided with a truck driven by Scott Amos Small-wood. Walling, by and through his mother Rebecca Walling, sued Smallwood, alleging claims of negligence and wantonness. A jury returned a verdict for Walling, and the trial court entered a judgment on that verdict. Smallwood appeals.

The dispositive issue on appeal is whether the trial court abused its discretion in its instruction to the jury encouraging it to return a unanimous verdict.

A “dynamite” — or “Allen” — charge, so named for Allen v. United States,…