McGriff v. McGriff

OPINION

WREN, Judge.

The appellant, plaintiff below, has appealed from an adverse jury verdict and raises the following issues for our consideration: Was it reversible error for the trial court to instruct the jury on assumption of the risk and contributory negligence ; and to refuse to instruct on res ipsa loquitur ?

Plaintiff, Hezekiah McGriff, was a passenger in a vehicle being driven by his brother, defendant Snelson W. McGriff, when it left the roadway, struck a tree and overturned several times. The vehicle, also occupied by the driver’s wife, defendant Lillian McGriff, was being driven…