Stanfield v. Smith

In this wrongful death case I concur fully with the majority opinion finding no error in its consideration of the alleged errors in Divisions 2, 3, 4 and 5. However, I cannot agree that the trial court was authorized to charge the jury on the theory of accident.

Plaintiffs decedent was naturally unavailable to testify as to how the collision of the motor vehicles occurred. The petition alleged that the collision occurred when the defendant driver of a tractor-trailer (operated by the driver in the course of the owner’s business) approached the vehicle (pickup) driven by the decedent "at a high…