Deloach v. Deloach

Appellant, John Deloach, was riding as a passenger in a camper driven by Appellee, James Deloach, when the camper went out of control and crashed in a ditch.1 Appellant sued Appellee for injuries he allegedly suffered in the incident, and following trial, a jury found in favor of Appellee. Appellant now challenges two evidentiary rulings made by the trial court and the court’s final charge to the jury. Finding no error, we affirm.

The evidence at trial showed that on the evening of the wreck, Appellant and Appellee, who were neighbors, had met at a local nightclub where they both were drinking alcohol. When it came time to leave, Appellee agreed to give Appellant a ride home. The route took the two men through several intersections with stop signs. Appellee stopped at the first two stop signs without any problems. As he approached a third stop sign, however, the accelerator pedal stuck, and the camper would not stop. Appellee could not halt the vehicle using his brakes, and he swerved into a ditch to avoid colliding with an oncoming car. Appellant filed this action alleging that Appellee’s negligence caused the wreck.