Ginter v. Handy

The plaintiff was injured when the car he was driving was struck from the rear by defendant Glen Handy’s car, driven by his daughter, defendant Glenda Handy. Defendants contend that plaintiff suddenly and unexpectedly stopped or slowed his vehicle, causing the collision. Plaintiff received a verdict; defendants appeal.

Defendants contend the trial court erred in failing to give the following requested instruction:

“If you find that the plaintiff slowed or stopped his vehicle in the main traveled portion of the highway and while so doing diverted his attention from his driving in order to yell…