Burkett ex rel. Burkett v. Southern Belle Dairy Co.

WADDILL, Commissioner.

Opal Burkett, as next friend of Brenda Burkett, an infant, filed this action against the Southern Belle Dairy Company, seeking damages for an injury the child suffered when the cab door of the company’s truck allegedly closed upon the child’s right hand, severing the tips of her first and second fingers. The court, after hearing the evidence, sustained the company’s motion for a directed verdict, and a judgment was accordingly entered.

There is no dispute about the facts. The truck was used to deliver and vend milk, ice cream, and soft drinks. On the occasion of the…