Coleman v. Hines

HORTON, Judge.

Although plaintiff and Mr. Hines raise a variety of issues in their briefs, the central question before this Court is whether Ms. Musso contributed by her own actions to her own death so that plaintiff’s claim for wrongful death is barred.

In cases involving the issue of the contributory negligence of a passenger for agreeing to ride in an automobile operated by an intoxicated person, the elements to be proved are: “(1) the driver was under the influence of an intoxicating beverage; (2) the passenger knew or should have known that the driver was under the influence . . . ; and…