Vaughn v. American Freight System, Inc.

Banke, Judge.

The appellant brought this action for damages allegedly sustained when he was struck by a truck owned by appellee American Freight System, Inc., and insured by appellee American Casualty Company. The appellant testified that as he walked in front of the truck, which was either barely moving or had stopped, it suddenly and without warning leaped forward and hit him. The operator of the truck, an employee of American Freight, though available, was not called as a witness. Among other things, the appellant contends that the trial court erred in overruling his motion for a new trial…