Vertommen v. Williams

WALDEN, Judge.

This appeal arises out of a head-on collision of two trucks on a narrow country road.

Plaintiffs sued for personal injuries and property damages. Defendants counterclaimed for the driver’s personal injuries and property damages. Both sides asserted contributory negligence as an affirmative defense. At the close of the evidence, the trial court directed a verdict in plaintiffs’ favor on defendants’ counterclaim. The Court thereby necessarily determined as a matter of law either that defendant was guilty of negligence which proximately caused the collision or that plaintiff was…