Tolbert v. Duckworth

Fletcher, Justice.

We granted the writ of certiorari to determine whether the jury instruction on accident should be eliminated as a defense in civil cases. We conclude that the accident charge should not be given in future civil cases and affirm.

Larry Duckworth was driving on a rain slick road when he turned a corner, hit a drainage area from a car wash, lost control of his car, and crashed into Bruce Tolbert’s car. The investigating police officer gave Duckworth a ticket for driving too fast for conditions, but testified at the trial that Duckworth could not have anticipated that water would…