Spreen v. Gibbs

REDMANN, Judge.

Defendants, an employer and two employees who were towing one tractor-truck with another, appeal from a judgment for a guest passenger in a car which rearended the towed truck. (The car driver does not appeal the dismissal of his suit, and “plaintiff” hereafter means the passenger alone.) We reverse.

The collision occurred at about 3:30 a. m. on a two-lane, 35 mph limit roadway. The trial court concluded “there was sufficient light and sufficient distance for the plaintiff [driver] to have seen the [defendant] vehicle and to have taken evasive action if traveling at a reasonable…