Martinez v. Moffat

OPINION

HUNTER, Judge:

Jennifer Leah Martinez, a high school student, died as a result of injuries she received as a consequence of a one-car auto wreck. She was the passenger in a little MG driven by her best friend, Appellant Janice Mills.

The wreck occurred on a paved country road when Ms. Mills attempted to avoid colliding with Appellee’s pick up truck by passing him on the right, in the bar ditch. She testified that she accelerated while driving in the bar ditch so she could re-enter the roadway before colliding with a culvert. She regained the road, but lost control of the car when she hit…