Lewis v. Sears, Roebuck & Co.

The sole question in these consolidated wrongful death claims is whether the trial court erred to reversal by charging the jury on the defense of contributory negligence. We hold that it did not.

James E. Lewis, Jr., filed suit for the death of Robert Dean Lewis, his son. James D. Seagle filed suit for the death of his daughter, Amy Denise Seagle. Both actions named Sears, Roebuck Company and William B. Ingle, a Sears salesperson, as defendants.

About six months after Mr. Lewis purchased an automobile for his son Robert, he became aware of a muffler problem. Mr. Lewis took the automobile to…