Baxter v. Wakefield

Mikell, Judge.

Virginia Baxter appeals from the judgment entered on the jury’s verdict in favor of the defendants, Larry T. Wakefield and his 16-year-old stepson, John Paul Cardin, in this personal injury action arising from an automobile collision. Because the trial court erred in refusing to give a requested jury instruction on the theory of joint enterprise, we reverse.

The evidence, viewed in the light most favorable to the jury’s verdict, shows that Cardin worked with his friend and neighbor, Jonathan Rutledge, at the Krispy Kreme Doughnut store on Highway 78 in Gwinnett County. They left…