Tompkins v. Twin Oaks Dairy, Inc.

This is an appeal by defendant from a judgment in favor of plaintiff. The suit was for personal injuries sustained by plaintiff on defendant’s business premises.

Defendant contends on appeal that it cannot be held liable to plaintiff because, as a matter of law, plaintiff was guilty of contributory negligence and defendant was guilty of no negligence, and that improper and prejudicial conduct of plaintiff’s counsel deprived Twin Oaks Dairy, Inc. (Twin Oaks) of a fair trial.

Plaintiff Tompkins is a milk truck driver employed by the F & K Milk Service. At the time of the occurrence his regular…