Bassham v. Diamond

Birdsong, Judge.

Wrongful death action. The facts show that the decedent and two companions were driving in an automobile on Interstate 285 about 6 a.m. when their automobile became disabled. The occupants of the vehicle, three young men, started to walk along the edge of the highway seeking to obtain assistance. The evidence indicated that it was prior to sunrise, that the area was dark, the pedestrians were wearing dark clothing, they carried no light, the area was not illuminated, the weather was overcast, traffic was congested, and visibility was poor. The three men were near the vicinity…