Oakley v. C. E. Duke's Wrecker Service

EVANS, Justice.

This is a personal injury action resulting from the plaintiff’s vehicle being struck from the rear by the defendants’ wrecker truck. On the basis of the jury’s finding that the plaintiff was guilty of contributory negligence in stopping her automobile on the freeway and that such negligence was a proximate cause of the accident, the trial court entered a take-nothing judgment against the plaintiff. She appeals.

The accident occurred on the afternoon of November 22, 1971 in the northbound, outside lane of Highway 59, just north of the overpass at F.M.1960, near Humble, Texas. The…