Sanders v. Davila

REYNOLDS, Justice.

In this action arising from the collision of vehicles, it is questioned whether a defendant is entitled to invoke the doctrine of imminent peril. We hold that he is not and that the imminent peril instruction given in this cause on behalf of a defendant was harmful. Reversed and remanded.

An abbreviated statement suffices. While proceeding south on U.S. Highway 87 a few miles north of Lubbock, Texas, Clayton Sanders allegedly lost control óf a For-shage Trucking Company truck tractor and trailer he was operating. To avoid a collision with Sanders’ vehicle, Terry David McAfee,…