Hunter v. Johnson

MILLER, Justice:

In this appeal from the Circuit Court of Kanawha County, we must determine whether an unavoidable accident instruction should be given in a negligence case. We conclude it should not.

Wallace Lee and Jean Hunter, husband and wife, brought suit for personal injuries and loss of consortium arising from a motor vehicle accident which occurred on July 17, 1980, at the intersection of 35th Street and MacCorkle Avenue in Charleston. At the location of the collision, 35th Street has four lanes of traffic. The plaintiff was sitting in his 1978 pickup truck in the third lane at a red…