Aycock v. Martinez

This appeal is taken from a judgment based on a jury verdict in favor of the defendant in a wrongful death action, the case having been tried upon a count of wantonness only. We affirm.

Shortly after 11:00 p.m., February 20, 1980, John Burns Aycock (Aycock) was standing in front of his automobile, which was stopped in the west-bound lane of a two-lane county road and facing east. The lights of his car were not on, although it was dark and there was a very dense fog at his location at the time. The defendant, Sam Martinez (Martinez), returning home from work in his automobile in a westerly…