Verda Vierra and Louis Vierra v. Yassu Grier

In this diversity case arising out of an automobile accident in Texas, the defendant-appellant, Grier, contends that the district court erred in refusing to allow him to amend his answer pursuant to Rule 15, Fed.R.Civ.P., so that he could raise the defensive theories of joint venture and unavoidable accident. If this was error it was harmless. Grier also argues that in its charge to the jury the court prejudicially commented on the weight of the evidence. We affirm.

The facts surrounding the accident may be succinctly stated. The Vierras were westbound on Texas Interstate 10 en route to…