Brookings v. Thompson

I dissent from the opinion of the majority.

I agree that as a general rule the mere occurrence of an accident does not require a finding that negligence caused the accident. However, that general rule is not logically applicable to the facts in this case.

The plaintiff, Douglas Brookings, was an innocent passenger in a motor vehicle which went out of control, left the highway, and rolled over.

Donald Tigart, the driver of that motor vehicle, blamed his loss of control on Richard Thompson’s unexpected entrance onto the *253highway from a side street or driveway, and Thompson’s failure to yield the…