Blackburn v. Smith

Among other points, the appellant in this personal injury action, Karen Blackburn, contends that the trial court erred in failing to give an instruction explaining to the jury the law of imputed negligence as it applied to the factual issues in this case. We agree.

The appellant was injured in an automobile collision which occurred in Huntington on March 29, 1976. Although at the time of the accident she was a passenger in a car driven by her husband, Stephen Blackburn, there is no indication that she was in any way directing or controlling the operation of the vehicle.

The appellant instituted…