Coffman v. Brashear

CLEMENS, Senior Judge.

Action for wrongful death of pedestrain Mary L. Coffman by her widower and children. Defendant Gail R. Brashear’s car hit and killed decedent. On plaintiffs’ humanitarian negligence submission the jury found for defendant driver. Plaintiffs appeal.

The critical issue is whether plaintiffs made a humanitarian case.

The scene of this action was on two-lane east-west Highway 30 in rural Jefferson County. Just after dark defendant Brash-ear was driving east at 50 miles an hour. Deceased was walking north across the highway and when struck by defendant’s car she had just…