Braswell v. Clayton

Blackburn, Presiding Judge.

Following a jury trial in her personal injury action, Donna Marie Braswell appeals the defense verdict in favor of Linda Sue Clayton and Michael Dennis Harvell, contending that: (1) the trial court erroneously charged the jury regarding the imputation of a driver’s negligence to a guest passenger and (2) the trial court erroneously charged the jury regarding comparative negligence and the apportionment of damages. For the reasons set forth below, we reverse.

The record shows that, on May 18,1993, Clayton was driving her truck and Braswell was her passenger. Braswell…