Watson v. Storie

HEDRICK, Judge.

Plaintiff contends, based on Assignment of Error No. 3, that the trial judge erred in submitting the issue of contributory negligence. Plaintiff argues there is no evidence in the record to support the jury’s finding of contributory negligence. Defendant, *329on the other hand, argues that “there was more than ample opportunity for the decedent to remove himself from the vehicle ... or to remonstrate the driver to cease driving recklessly, let someone else drive, or stop driving fast and weaving around cars. Instead, the decedent chose to remain in the truck, continue drinking, say…