Stroud v. Willingham

Pannell, Judge.

Melinda Stroud, by next friend, brought an action against William R. Willingham seeking to recover damages for injuries sustained when "defendant negligently drove a 1963 Chevrolet automobile into and over plaintiff.” The defendant’s answer, as amended, alleged as a fourth and fifth defense the following:- "4. The sole proximate cause of the alleged injuries to the plaintiff was the negligence of the plaintiff’s father, Jerry Stroud, in failing to properly attend and care for the infant plaintiff.” (Emphasis supplied) and "5. The sole proximate cause of the alleged injuries to…