Smith v. Diamond

MILLER, Judge.

Plaintiff Dale Smith, a 12-year-old boy who was struck and injured while crossing a street by a car driven by defendant-appellee Aubrey Diamond, appeals from a judgment on the evidence in favor of Diamond. We affirm in light of uncontradicted testimony establishing that Smith, who failed to look both ways for traffic before crossing the street, was contributorily negligent as a matter of law.

The facts most favorable to Smith are as follows: In April of 1979, about 5:30 p. m., Smith, who was 12 years and 9 months old and a student in the seventh grade, was walking from his home…