Beale v. Jones

• Decision Date: 19 January 1970
• Citation: Beale v. Jones, 210 Va. 519, 171 S.E.2d 851 (1970)
• Parties: Jerry Wayne BEALE v. Elsie JONES.
• Court: Virginia Supreme Court

Page 851

171 S.E.2d 851

210 Va. 519

Jerry Wayne BEALE v.Elsie JONES.

Supreme Court of Appeals of Virginia.

Jan. 19, 1970.

J. Samuel Glasscock, Suffolk (Godwin & Glasscock, Suffolk, on the brief), for plaintiff in error.

William E. Baggs, Norfolk, Francis E. Clark, Franklin (Breeden, Howard & MacMillan, Norfolk, Parker & Clark, Franklin, on the brief), for defendant in error.

Before SNEAD, C.J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN, and HARMAN, JJ.

HARMAN, Justice.

Elsie Jones, the appellee, instituted this action by motion for judgment against Harlan Lee Stecker and Jerry Wayne Beale, the appellant, to recover damages for personal injuries.A jury trial resulted in a joint verdict against Stecker and Beale in the amount of $10,500.The trial court approved the verdict and entered judgment.

The judgment has become final as to Stecker.We awarded a writ of error to review the judgment as to Beale.

The only question before us is whether there was sufficient evidence to sustain the jury's finding that Beale's negligence caused or contributed to cause the injuries sustained by the appellee.

Under these circumstances, the evidence and all proper inferences from the evidence will be stated in the light most favorable to the appellee since she was awarded the jury's verdict.Holbert v. Evans, 209 Va. 210, 163 S.E.2d 187(1968);Laughorn v. Eanes, 207 Va. 584, 151 S.E.2d 378(1966).

Mrs. Jones was injured as the result of an automobile accident which occurred on July 3, 1966, at approximately 11:30 p.m. at the intersection of Lear Road (State Route 1606) and U.S. Route 58 in Isle of Wight County.At the time of her injury she was riding in a car driven by her husband, Archie Jones.

The eastbound Jones car was making a left turn in a northerly direction from Route 58 into Lear Road when it was struck in the right side by the front of a westbound vehicle driven by Stecker.As the result of the impact wih the Stecker car, the Jones car was knocked 'sideways' at least 10 or 15 feet and came to rest in the northwest corner of the intersection.Stecker's vehicle came to rest after this impact facing in a southerly direction blocking the westbound lanes of the highway.

Shortly after the initial impact between the Jones and Stecker vehicles, a second collision occurred between the Stecker vehicle and the car being driven by appellant.

Beale's car sideswiped the rear of Stecker's car 'a pretty good whack' and 'pulled him away from the Jones automobile and spun him around in the road.'Beale's car did not strike the Jones vehicle and the second collision did not cause further impact between Stecker's car and the Jones vehicle.

Beale had been following Stecker from Gray's Texaco Station, which was located approximately six tenths of a mile east of the intersection of Lear Road and Route 58.The evidence was that Beale and Stecker had been 'riding around' in Beale's car in the vicinity of Franklin from a few minutes after 10:00 p.m. until a few minutes before the accident; that they had been drinking alcoholic beverages together; that Beale had been drinking to a considerable extent prior to the time that he and Stecker commenced 'riding around' together; and that Beale had been unruly, loud and profane on several occasions earlier in the evening.The evidence discloses that because of Beale's condition, Stecker and at least one other person had driven Beale's car during their meanderings in the vicinity of Franklin.

Shortly before 11:30 p.m. Stecker, who was then driving Beale's car, announced his intention of going home because he had to work the following day.He drove Beale's car to Gray's Texaco Station, where his car was parked.He left the Beale vehicle and proceeded in his own car in a westerly direction toward Franklin.Beale, who was accompanied by his wife, drove his car behind Stecker from the service station to the intersection.During this drive the evidence shows that both Stecker and Beale drove at speeds in excess of the speed limits and that Beale was traveling, at various times, from one to four car lengths behind Stecker's car.

Stecker was called as an adverse witness by the appellee.He testified that he was aware that Beale was following him; that he was aware of Beale's 'drunken' condition; that he was concerned about his presence behind him and 'I worried about what he was going to do.'His testimony, however, was that Beale's conduct did not ...