Smith v. Burton

KENNEDY, Judge.

Defendant Wesley Burton appeals from the grant of a new trial in a wrongful death case in which he is alleged to have negligently caused or contributed to cause the death of Garland Coots. The plaintiffs are Mr. Coots’s surviving spouse and children. Mr. Coots, on July 27,1987, was driving his farm tractor along Highway 136 in Harrison County, when it was struck from the rear by a passenger van operated by Mr. Burton. The tractor was turned over and Mr. Coots was dead after the accident. Mr. Burton contended at trial that Mr. Coots was dead from a heart attack before the…