Thomas v. Wiley

Ellington, Judge.

Sylvester Wiley sued Freda Thomas and Bob Maddox Chrysler Plymouth, Inc. (“Bob Maddox”) to recover damages for injuries sustained in a collision between a motorcycle operated by Wiley and an automobile driven by Thomas.

Defendants asserted defenses of contributory negligence, avoidance of consequences (an aspect of contributory negligence), and assumption of risk.

Evidence was presented showing the fault of all parties. The intersection at which the collision occurred is not controlled by stop or yield signs in any direction, and Bob Maddox had parked cars along the roadway…