Garrigan v. LaSalle Coca-Cola Bottling Co.

Decision in this case turns upon error committed in the trial court’s jury charge prejudicial to defendant’s right to trial by jury. Involved here is an attempted rebuttal of a rebuttable presumption, the statutory presumption of negligence which arises upon the happening of a rear-end collision. OLS 1956, § 257.402 (Stat Ann 1960 Rev § 9.2102). The ultimate facts are these:

Plaintiff’s truck collided with the rear of defendant’s truck on US-23 near the intersection of Coggins road. Defendant’s truck had passed plaintiff’s and, shortly thereafter, had rapidly decelerated to make a right turn…