Ethridge v. Gallagher

GAITAN, Judge.

Appellant, Gordon Ethridge, appeals the giving of Instruction No. 9, a verdict directing instruction on comparative fault, to the jury. The instruction gave four disjunctive submissions of negligence which were: (1) rear-end collision; (2) excessive speed; (3) failure to keep a careful lookout; and (4) failure to stop, swerve or slacken speed. Ethridge also contends the trial court erred by instructing the jury panel that respondent, Daniel J. Cates, died thirteen days after the collision. Lastly, Ethridge alleges that the trial court erred in allowing Cates’ attorney to elicit…