Adams v. Mills

BRASWELL, Judge.

Blinded by the setting sun, the defendant crashed his truck into the plaintiffs dump truck. The plaintiff sued for the property damage to his truck and the defendant counterclaimed for his personal injuries and property damages. Upon the plaintiffs motion, the trial court granted a directed verdict dismissing the defendant’s counterclaim and refused to submit an issue of contributory negligence to the jury. The jury returned a favorable verdict for the plaintiff and damages were awarded in the amount of $4,600.00.

The primary question presented on appeal by the defendant is…