Mcintyre vs. Balentine, 833 S.W. 2d(1992)

756 Words4 Pages
In the early morning hours of November second, nineteen eighty-six, Douglas McIntyre, a policeman with the Savannah Police Department, and Clifford Balentine, the owner of a nineteen eighty-five Peterbilt tractor, were involved in a motor vehicle accident. After his shift on the night of November first, McIntyre went home at which time he preceded drinking some Miller Lite beer that he had purchased earlier that day. Around midnight McIntyre left his house in his pickup truck and visited his girlfriend at her place of employment, by this time he had consumed approximately six or seven of the sixteen ounce cans of Miller Lite. Finding his girlfriend busy, McIntyre drove to Smith’s Truck Stop and bought some gas. Balentine, who owned and drove the tractor involved in the accident, returned to Savannah after his over-the-road trucking haul for East-West Freight and spent his evening at a local club. He was there from seven thirty p.m. until eleven thirty p.m. During his time spent at the club, he consumed approximately three to four drinks of whiskey. Balentine left the club and spent the remainder of time leading up to the accident at Smith’s Truck stop talking to some friends. When he left the truck stop, he intended to go home but decided to turn around and get his tractor washed again. Balentine was headed down Highway sixty-nine, and McIntyre was pulling out of the truck stop onto Highway sixty-nine when Balentines tractor hit the right rear corner of McIntyre’s truck causing him to hit a telephone pole. Harry McIntyre decided to sue Clifford Balentine for negligence in a court of law. The case was held in a Tennessee courthouse and was judged by a jury of the plaintiff’s and defendants’ peers. After hearing the facts of the case, the jury found in favor of the defendant stating that McIntyre was equally negligent for the accident due to him being intoxicated at

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