Burroughs v. McGinness

This appeal brought by plaintiff-appellant, Donald Burroughs, arises from a negligence action involving a rear end collision. The trial court of Madison County entered judgment on the jury verdict of not guilty returned in favor of the defendant.

The issues presented for review are: (1) whether the jury’s verdict was against the manifest weight of the evidence; and (2) whether the court erred in instructing the jury.

On a dark, wet evening, November 25,1972, at approximately 6 p.m. a 1968 Javelin driven by the defendant Ricky McGinness, age 17, with Richard Adams, age 12, riding as passenger…