James Jacobs, Susan Jacobs v. Deaton, Inc., Johnny W. Childress

VANCE, Circuit Judge:

This is an appeal from a judgment entered on a directed verdict for defendants in a diversity case arising out of a motor vehicle collision. Concluding that the case should have been submitted to the jury we reverse.

Shortly before midnight on September 29, 1977 plaintiff James Jacobs was the driver and his wife, plaintiff Susan Jacobs, a passenger in an automobile proceeding north on U.S. Highway 441 at the point where it crosses Interstate 20 near Madison, Georgia. Defendant Johnny Childress was operating a tractor trailer truck for his employer, defendant Deaton, Inc.…