Williams v. Christian

SOMERVILLE, Judge.

The refusal of a lookout instruction has generated a head on confrontation between the parties in a tort action. The appellant, plaintiff below, tendered the following lookout instruction as his verdict director, which was refused by the trial court:

“REFUSED INSTRUCTION NO. A

Your verdict must be for plaintiff if you believe:

First, defendant failed to keep a careful lookout, and

Second, defendant was thereby negligent, and

Third, as a direct result of such negligence the plaintiff sustained damage.

The term ‘negligence’ as used in this instruction means the failure to use the…