West v. Collins

The opinion of the court was delivered by

Abbott, J.:

This is an appeal by Sylvia Jane West, the mother and heir-at-law of Robert Gust, deceased, in a wrongful death action. The defendants are Robert L. Collins and Hicks Brothers Chevrolet, Inc. (Hicks Brothers). A car owned by Hicks Brothers and driven by Collins was involved in a one-vehicle accident, which resulted in the death of Gust, a passenger in the car.

The trial judge assessed 100 percent of the fault against Collins and 0 percent against Hicks Brothers. The deceased’s mother appealed, and the Court of Appeals affirmed in an…