James v. Dixon

On December 5, 1975, the vehicle operated by plaintiffs decedent collided head-on with an automobile owned by defendant Eppinger and driven by defendant Dixon. On November 6, 1976, plaintiff commenced a wrongful death action against Dixon, alleging that his negligence was the cause of the collision, and against Eppinger as owner of the vehicle. The defendants answered by denying negligence on their part and by affirmatively pleading that plaintiffs decedent’s gross or contributory negligence was the sole proximate cause of the accident. After discovering that a blood test had been performed…