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TOLBERT v. DUCKWORTH

S92G0604, S92G0607.

262 Ga. 622 (1992)

423 S.E.2d 229

TOLBERT v. DUCKWORTH. SHELTON v. SMITH.

Supreme Court of Georgia.

Reconsideration Denied December 17, 1992.

Attorney(s) appearing for the Case

Carey, Deal, Jarrard & Walker, J. Nathan Deal, Mary R. Carden, McClure, Ramsay & Dickerson, John A. Dickerson, Harben & Hartley, Phillip L. Hartley, for appellee.

Word & Flinn, Gerald P. Word, for appellant (case no. S92G0607).

Tisinger, Tisinger, Vance & Greer, Thomas E. Greer, J. Branson Parker, Johnson, Beckham & Dangle, J. Eugene Beckham, Jr., for appellee.

David W. Boone, amicus curiae.

FLETCHER, Justice.

We granted the writ of certiorari to determine whether the jury instruction on accident should be eliminated as a defense in civil cases. We conclude that the accident charge should not be given in future civil cases and affirm.

Larry Duckworth was driving on a rain slick road when he turned a corner, hit a drainage area from a car wash, lost control of his car, and crashed into Bruce Tolbert's car...

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