Funderburke Ex Rel. Dawes v. Johnson

Littlejohn, Justice.

This action was brought by a two year old child through his Guardian ad Litem to recover for personal injuries alleged to have been proximately caused by the negligent and reckless operation of a motor vehicle.

The defendants, who are the owner and operator of the motor vehicle, answered the complaint, setting forth in form four separate numbered defenses: 1. a general denial; 2. sudden emergency; 3. unavoidable accident; and 4. sole negligence, recklessneses and willfulness on the part of the parents of the plaintiff and/or of those persons in charge of him, in several…