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Ballew v. Aiello
Missouri Court of Appeals
422 S.W.2d 396 (1967)
On July 11, 1965, Ruth Ballew (plaintiff) was a passenger in a vehicle going eastbound on Route A in Missouri. Michael Aiello (defendant) was driving another vehicle going westbound on Route A with Gerald M. Gilmore (defendant) in the passenger seat and their wives in the backseats. During the drive, Gilmore fell asleep. While Gilmore was asleep, Aiello’s vehicle rounded a curve, and the right tires of the vehicle ran off the road and onto the shoulder. As the right tires entered the shoulder, Gilmore’s wife became scared and began yelling. This caused Gilmore to awaken from his slumber, and upon waking up, he saw a large rock on the shoulder. Gilmore instinctively grabbed the wheel and jerked it left, causing Aiello to lose control of the car and ultimately collide with Ballew’s car. Ballew brought suit against Aiello and Gilmore. The trial court denied Gilmore’s motion for a directed verdict and the jury found in favor of Ballew.
Rule of Law
Holding and Reasoning (Stone, J.)
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