LaFave v. Kroger Co.

This suit arose out of a collision between plaintiff’s automobile and a Kroger Co. tractor-trailer driven by Gordon L. Townsend. The collision occurred on a rainy night on a 2-lane, east-west highway. Plaintiff was on the south side of the highway and defendant on the north side. Each claimed the other crossed over the center line. Each claimed the impact occurred on his side of the highway. The ultimate issue of liability hinged on the question of where the impact occurred.

The one eyewitness to the accident testified he was traveling in the south lane behind the plaintiff and that plaintiff…