McIntyre v. Poole

Beyond question, negligence on the part of Carolyn Sue Moore was established by the plaintiffs. But defendants have undertaken to support an affirmative defense that decedent assumed the risk of an accident resulting from drunk driving. In order to support that defense the burden of proof was on defendants to show that the driver’s mental and physical faculties were materially impaired due to the influence of intoxicants, that decedent knew or should have known of the driver’s condition but nevertheless voluntarily rode with her, that the accident was caused by the driver’s negligence and…