Lewis v. Esselman

SMITH, Presiding Judge.

Plaintiffs appeal from the trial court’s action in sustaining the motions to dismiss of defendants Herlocker and Crites.

Plaintiffs’ Amended Petition in the trial court alléges that an accident occurred on Interstate 44 between the vehicles driven by defendant Herlocker and defendant Crites, resulting from the negligence of both drivers. Shortly thereafter, plaintiff was driving along the north service road of the highway and noticed the accident. He parked his car, climbed a fence separating the two roads, and went to offer aid. Recognizing that medical attention was…