Davila v. Sanders

The trial court’s judgment in this personal injury suit absolved co-defendant Terry McAfee of liability. The Court of Civil Appeals reversed the judgment and remanded the case for new trial because of error in instructing the jury on imminent peril. 550 S.W.2d 709. We agree that the instruction should not have been given; but we add that with comparative negligence the controlling determination, use of the doctrine or rule of imminent peril is no longer justified in any case.

Co-defendant Clayton Sanders lost control of his southbound truck. McAfee, driving his truck behind Sanders’ truck,…