Hunter v. Burke

OPINION ON PETITION FOR REHEARING

The appellants Wear and Guffey have filed a petition for rehearing in which they argue that our opinion overlooks material facts in the record. They contend that these “overlooked” facts made out a question for the jury; hence, so the argument goes, the trial judge committed error when he directed a verdict against them. They also argue that we were wrong when we held that the failure of the trial judge to instruct the jury regarding the principles of comparative fault was harmless.

Specifically, the appellants contend that we failed to consider the fact that…