Kimball v. Southern Farm Bureau Casualty Insurance

I respectfully dissent.

If the accident took place as the majority reconstructs it, then of course the defendant driver could not reasonably have stopped in time to have avoided the accident. The trial court drew a different inference from the evidence, however, under which the defendant Lowery had more time .■and opportunity to observe the 7-year old boy bicycling towards the roadway and to avoid the accident, as a result of which the motorist breached the extremely high standard of care owed by him to young ■children near the roadway.

I personally do not think the trial court was manifestly…