Garrett ex rel. Garrett v. Lee

WADDILL, Commissioner,

On December 26, 1953, an automobile driven by Edward W. Garrett collided with a truck operated by Robert Charles Lee on Highway No. 421 in Harlan County. Garrett sustained personal injuries and both vehicles were considerably damaged.

Approximately eleven months thereafter, Garrett’s father filed this action on behalf of his alleged infant son seeking damages from Lee on the theory that Lee’s -negligence had caused the collision. The suit was styled “Dorsey Garrett, as father and next friend of Edward W. Garrett, an infant, Plaintiff v. Robert Charles Lee, Defendant.”

On…