Carroll v. Deaton, Inc.

G.W. Carroll was injured when the car he was driving swerved off U.S. Highway 11 and hit a parked trailer owned by Deaton, Inc. Carroll and his wife, Myra, sued Deaton on October 1, 1986, alleging that Deaton had negligently failed to equip the trailer with head lamps or tail lights, as they say Ala. Code 1975, § 32-5-244(b), required it to do, and that Deaton's negligence caused injury to Carroll.1 Blood tests performed on Carroll at a hospital immediately after the accident showed his blood alcohol level to be .259 percent. Deaton pleaded contributory negligence and made a motion for…