Burns v. United Parcel Service, Inc.

Bell, Chief Judge.

This is an appeal from the grant of a motion for directed verdict for defendant in a personal injury suit where plaintiff alleged that defendant’s truck, operated by its agent within the scope of his employment, negligently collided with a truck driven by plaintiff.

At trial plaintiff established by his testimony that a tractor-trailer truck with the letters "UPS” on the door of the tractor forced him off the highway; that the tractor was brown and the trailer was silver or aluminum; and that he could not identify the driver. A representative of defendant testified that the…