Thompson v. Fountain

Sognier, Judge.

Betty W. Fountain sued Ned Thompson for the wrongful death of her husband, who was lying on a highway in an intoxicated condition when he was struck and killed by Thompson. The deceased’s blood alcohol content was .37 percent at the time of the accident, which occurred at dusk or near dark. Thompson was travelling at approximately 50 m.p.h. and had his bright lights on. Thompson testified at trial that he could not and did not see the deceased lying in the road until after he struck him. According to the investigating officer’s accident report, Thompson had stated that he had…