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Tolbert v. Duckworth
Georgia Supreme Court
423 S.E.2d 229 (1992)
Larry Duckworth (defendant) was driving on a wet road when he turned a corner, hit a drainage area, lost control of his car, and crashed into the car being driven by Bruce Tolbert (plaintiff). An officer ticketed Duckworth for driving too fast for conditions but later testified that Duckworth could not have anticipated that water would have been in the road as he drove around the corner. Tolbert sued Duckworth for negligence. The trial court gave a jury instruction on the law of accident, and the jury returned a verdict in favor of Duckworth. Tolbert appealed, and the court of appeals affirmed the verdict in favor of Duckworth. The Supreme Court of Georgia granted a writ of certiorari to determine whether the jury instruction on the law of accident should be eliminated as a defense in civil cases.
Rule of Law
Holding and Reasoning (Fletcher, J.)
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