Benton v. Thomerson

LEWIS, Judge.

The facts giving rise to this appeal reveal that on 31 December 1988, a pick-up truck driven by Hugh Clifton Thomerson, Jr. (“plaintiff”) collided with another pick-up truck driven by Claude E. McClain (“defendant”). At the time of the accident, Benny Benton (“Benton”) was a passenger in defendant’s vehicle and suffered injuries as a result of the accident. On 6 April 1990, Benton initiated an action against plaintiff, claiming that plaintiff had operated his vehicle in a negligent manner by crossing the center line of an unpaved road and striking the vehicle in which he was a…