Vaughn v. Jones

STANLEY, Commissioner. The appellant, Herbert Vaughn, sued the appellee, James Jones, for $500 for damages to his automobile. Jones counterclaimed for $150 damages to his car. The verdict and judgment are for $100 in favor of Jones. The only ground submitted for a reversal of the judgment is that the appellant was entitled to a directed verdict. The case is rare since there was no contradiction in the evidence in its material aspects. The appellant's son, Herbert Vaughn, Jr., was driving his father's car northwardly on U. S. highway No. 45 through the village of Lone Oak at 35 or 40 miles per hour while perhaps a hundred feet from the intersection of Friendship Road, a secondary highway. There was a blinker caution signal overhead and a stop sign on the side road as it entered the highway from the east. Vaughn slowed down as he saw Jones approaching the intersection. Jones came to a complete stop as he was required to do by KRS 189.330(4). Vaughn testified Jones looked in his direction, then the other way and then pulled out into the highway in front of him. He applied his brakes and swerved to the left in order to avoid a collision. His car slipped on loose gravel and the front right of Vaughn's car and the left front fender of Jones' car collided.