Burton v. Farm Bureau Insurance Co.

Opinion of the Court by

Justice COOPER.

Appellant Delbert Burton was injured when he drove his employer’s Mack semitrailer truck off of a public highway and into a ditch. He claims he did so while taking evasive action to avoid striking an unidentified red automobile that had crossed the center line of the highway and was approaching him from the opposite direction in his lane of travel. No physical contact occurred between the truck and the red automobile. The automobile left the scene of the accident and neither it nor its operator has ever been located or further identified. The accident…