Hill v. Winn Dixie Texas, Inc.

The trial court erred in submitting an instruction on unavoidable accident.

Unavoidable accident is present when an event occurs which was not proximately caused by the negligence of any party to the event2 Yarborough v. Berner, 467 *314S.W.2d 188 (Tex.1971). This should not be confused with any party to the lawsuit. This would include such nonhuman things as fog, snow, sleet, wet or slick pavement, or obstruction of the view. Yarborough, 467 S.W.2d 188. Unavoidable accident can also come into play when one of the parties to the event is incapable of negligence. Yarborough, 467 S.W.2d 188. In the…