Halcomb v. Smith

In this case, the majority granted the defendant a new trial on the grounds that the trial court erred in failing to give a contributory negligence jury instruction. For the two reasons set out below, I respectfully dissent.

1. The jury exonerated Mr. Withrow of all liability. The record in this case shows that the defendant had a third-party suit against Mr. Withrow, the driver of the car in which the plaintiff, Mr. Smith, was a passenger. The jury heard both cases together. The jury rejected the defendant’s claim against Mr. Withrow and found that Mr. Withrow was not at fault in causing the…