Howard v. Howard

COOPER, Judge.

This is an appeal from a judgment entered for the appellee, plaintiff below, in a negligence action filed against the appellant, defendant below. The issues presented are whether the trial court erred in: (1) failing to direct a verdict for the appellant; (2) failing to determine that the appellee’s injury was unavoidable; and (3) failing to find the appellee contributorily negligent as a matter of law.

The appellee, Sue Ellen Howard, filed this action against the appellant, Woodrow Howard, Jr., her husband, for injuries she sustained while a passenger in a coal truck owned and…