Wactor v. John H. Moon & Sons, Inc.

ROY NOBLE LEE, Chief Justice,

for the Court:

Jack Wactor filed suit in the Circuit Court of Madison County against John H. Moon & Sons, Inc., [Moon] Cook Construction, Inc. [Cook], and the E. Randle Company [Randle] seeking damages for personal injuries sustained in an automobile wreck. The lower court entered summary judgment in favor of Randle against Wactor, and the case proceeded to trial on the merits against Moon and Cook. The jury returned a verdict in favor of those defendants and Wactor has appealed to this Court.

About 12:30 a.m., January 31, 1985, Tracy Taylor was driving a 1979…