Nunn v. Car-Skaden

Plaintiff in error Nunn, who was plaintiff in the trial court, brought an action against Richard Car-Skaden seeking $61,068.24 damages for personal injuries sustained as a result of Nunn’s falling or being thrown from the back of Car-Skaden’s truck. Car-Skaden answered entering a general denial and asserted the defenses of the guest statute, assumption of risk, joint enterprise, contributory negligence and also the sole negligence of Nunn. He later amended the answer to include the defense of unavoidable accident. Following trial the jury returned a verdict for defendant CarSkaden.

On writ of…