Burgess v. Friedman & Son, Inc.

BRIGHTMIRE, Judge.

This is a negligence action brought by the driver and passengers in an automobile to recover damages for personal injuries sustained after hitting a large semitrailer waste paper truck that had run a boulevard stop sign.

The case was submitted to a jury under comparative negligence instructions. It found the defendant’s truck driver to be only 51 percent at fault and fixed the damages for each of the plaintiffs accordingly. The trial court entered judgment awarding each plaintiff 51 percent of the damage assessment and plaintiffs appeal.

Several contentions are advanced…