Perkins v. Star Transportation, Inc.

¶ 35. The issue presented in this appeal is whether the trial court erred in refusing to grant sanctions because of Loraine Clark and Star Transportation’s5 refusal to make a timely admission of negligence after Clark ran a stop sign and drove her eighteen-wheel tractor trailer into Nancy Fulgham’s vehicle in which Brenda Burson Perkins was riding as a passenger.

¶ 36. The majority finds that the trial court correctly determined that Clark and Star Transportation’s reason for not admitting liability — that Fulgham was guilty of contributory negligence — was not a frivolous defense; therefore,…