Gard v. Sherwood Construction Co‪.‬

The opinion of the court was delivered by This was an action brought by Zane Gard, plaintiff (appellant), against Sherwood Construction Co., Inc., defendant (appellee), to recover damages for the wrongful death of plaintiff's wife arising from a car-truck collision occurring on U.S. Highway 54 west of Pratt about 5:45 p.m. on June 1, 1961. The plaintiff commenced this action upon the theory the defendant was negligent in the following particulars: (1) failing to have his truck under control; (2) failing to stop, slow down or otherwise alter the speed, movement or direction of his truck when danger of a collision with the vehicle in which the plaintiff's wife was riding was imminent; (3) failing to keep a proper lookout; (4) driving his truck at a dangerous and excessive rate of speed without due regard to the use, width, traffic and occupancy of the highway at the time; and (5) that defendant's truck driver, in the exercise of reasonable care, should have seen plaintiff's wife in a position of imminent peril from which she could not extricate herself, and by the exercise of ordinary care, without injury to himself or others, could have stopped said truck or slackened its speed or turned the truck onto the wide shoulder of the highway and avoided striking the station wagon in which plaintiff's wife was riding.