DeYarman Ex Rel. DeYarman v. State

LeGRAND, Justice.

This case involves five claims for damages arising out of an automobile accident. Plaintiffs seek recovery on the ground the State was negligent in the construction and maintenance of the shoulders abutting the highway where the accident occurred. Plaintiffs appeal from an adverse judgment, holding the State free from liability. We affirm the trial court.

On July 29,1967, an automobile driven by plaintiff Ronald K. DeYarman and one driven by William C. Marlin, proceeding in opposite directions on Highway 218, collided almost head-on. Just prior to the collision, Marlin’s right…