Tolbert v. Duckworth

Carley, Presiding Judge.

Appellant-plaintiffs brought suit, seeking to recover for injuries allegedly resulting from a vehicular collision. The case was tried before a jury, and a verdict was returned in favor of appellee-defendants. Appellants appeal from the judgment entered by the trial court on the jury’s verdict and enumerate as error only the trial court’s giving of a charge on the principle of legal accident.

1. Appellants urge that the giving of a charge on legal accident should no longer be sanctioned.

Although it has been recognized that a charge on legal accident is potentially…