Ned B. Clark, Jr. v. Charles McCorkle

GREENLEE, J., DISSENTING:

¶ 25. The majority reasons that the Clarks presented sufficient evidence showing that genuine issues of material facts exist regarding: (1) whether fog constituted an unusually dangerous condition; and (2) whether McCorkle was negligent in the illumination of his farm trailer at the time of the collision. I respectfully disagree and therefore dissent.

DISCUSSION

I. Whether the Clarks produced sufficient evidence of an unusual or emergency condition .

¶ 26. As the plaintiffs in a negligence claim, the Clarks bore the burden to prove all of the required elements-duty,…