Clark v. Heath

Appellee brought this suit to recover damages to his automobile resulting from a collision between his car (driven by his daughter at the time) and a truck belonging to appellant. Appellee alleged, in effect, that the damages resulted solely from the negligence of appellant’s truck driver in driving the truck. Appellant answered with a general denial and alleged that any damage to appellee’s car “was due to the negligence of the driver of plaintiff’s car in that the driver did not exercise ordinary care to keep a lookout for other motor vehicles including defendant’s motor truck approaching…