Steely v. Hancock

PALMORE, Judge.

This is a wrongful death action arising out of an automobile-truck sideswipe collision in which plaintiff’s decedent, driver of the automobile, was fatally injured. At the close of plaintiff’s evidence a verdict was directed in defendant’s favor on the complaint and trial of a counterclaim was deferred until a later date. An order having been entered satisfying the requirement of CR 54.02, plaintiff appeals.

We have only one question. Was the evidence offered by plaintiff enough to authorize a finding of negligence on the part of defendant?

The accident occurred September 17,…