Mills v. Brown

Plaintiff was injured when his car was struck from behind by a car driven by Humphreys, who died about two months later. The other defendants (hereinafter defendants) are the driver and the owners of a truck which had stopped in the roadway after running out of gas and behind which plaintiff was stopped or was in the process of stopping when he was hit. Before trial, Humphreys’ estate paid plaintiff $25,000 on a covenant not to sue.1 The jury found that plaintiffs damages were $51,000, that defendants were 55 percent negligent and that plaintiff was 45 percent negligent. Because the amount…