Kimball v. Hoops Construction Co.
Kimball v. Hoops Construction Co.
Opinion of the Court
By the Court,
In the lower court the plaintiff, Kimball, sought to recover compensation for personal injuries and property damage incurred when a pickup truck, which he owned and in which he was riding as a passenger, struck a “windrow” and overturned.
On this appeal the plaintiff-appellant complains that the findings above referred to as (b) and (c) are not supported by substantial evidence, and concludes that a reversal must follow. However, he does not directly attack the finding that Stoddard’s negligence was the sole proximate cause. We shall presume that he intended to do so. In any event, the record contains substantial evidence to support the lower court’s finding as to cause.
Affirmed.
Without discussing all factual evidence, the lower court could believe that Stoddard was driving plaintiff’s truck at night at a speed of 60 to 65 m.p.h. on a road under construction, pocketed with dusty areas, and with knowledge of the presence of windrows thereon; that he was unable to either stop or to avoid driving into a windrow; that such conduct was the sole proximate cause of the accident.
Stoddard, driver of plaintiff’s pickup truck, was originally named as a defendant, but the cause as to him was later dismissed.
Reference
- Full Case Name
- BUD C. KIMBALL v. HOOPS CONSTRUCTION COMPANY, a Corporation, WARREN BRIGGS, and JOHN R. EMMONS
- Status
- Published