B. & J. Byers Trucking, Inc. v. Robinson

George Rose Smith, Justice.

On a clear July afternoon in 1980 the plaintiff, Eugene Robinson, was injured when his car was struck from behind by a large tractor-trailer rig being driven by the defendant trucking company’s employee. The jury’s apportionment of 75% of the total negligence to the truck driver and 25% to the plaintiff settled the principal issue of fact: whether the collision was caused by the negligence of either or both of the drivers. The defendant, in appealing from the net judgment for $150,000 for the plaintiff, argues three points relating to the evidence and one to…