Collins v. McGlamory
| Decision Date | 30 October 1979 |
| Docket Number | No. 58661,58661 |
| Parties | COLLINS et al. v. McGLAMORY. |
| Court | Georgia Court of Appeals |
Horton J. Greene, Alpharetta, for appellants.
Frank C. Bedinger, III, A. Timothy Jones, Atlanta, for appellee.
This is an action for personal and property damages arising from a motor vehicle collision. Plaintiffs (husband and wife) were passengers in an automobile owned by the husband and operated by one of their children at the time of the collision. Plaintiff husband's automobile was stopped prior to making a left-hand turn into a convenience store when it was struck from the rear by defendant's vehicle.
Defendant testified that he saw the vehicle occupied by plaintiffs, had plenty of time to stop and applied his brakes, that the brakes and wheels locked and held, but his truck didn't stop right then, and he pulled to the right. Defendant further testified that he was going less than 15 miles per hour when he applied his brakes.
The case was tried before a jury which returned a verdict in favor of the defendant. Plaintiffs' motion for new trial was denied. Plaintiffs appeal and enumerate as error the general grounds for motion for new trial. Held :
Issues of negligence and proximate cause are generally for the jury, and a court should not decide them except in plain and indisputable cases. Piland v. Meli, 143 Ga.App. 783, 784, 240 S.E.2d 193; James v. Sears, Roebuck & Co., 140 Ga.App. 859, 232 S.E.2d 274. "Even where there is no dispute as to the facts, it is, however, usually for the jury to say whether the conduct in question met the standard of the reasonable man." Wakefield v. A. R. Winter Co., 121 Ga.App. 259, 260, 174 S.E.2d 178, 179. "Of course, where there is no dispute as to the facts, and they amount to a confession of liability as a matter of law, a directed verdict is warranted." Atlanta Coca-Cola Bottling Co. v. Jones, 236 Ga. 448, 450, 224 S.E.2d 25, 27. Compare Forehand v. Pace, 146 Ga.App. 682, 247 S.E.2d 192. Plaintiffs argue that this is the exceptional case where the defendant's testimony amounts to a confession of liability. Pretermitting this question we examine the issue of damages.
Each of the plaintiffs testified that they were thrown violently about at the time of the collision, bouncing about between the restraints imposed by seatbacks and seatbelts, resulting in spinal injuries to themselves. The husband testified that their...
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...265 Ga. App. 459, 461, 594 S.E.2d 658 (2004); Butts v. Williams, 247 Ga. App. 253, 256, 543 S.E.2d 779 (2000); Collins v. McGlamory, 152 Ga. App. 114, 262 S.E.2d 262 (1979). Yet again, " [w]hether plaintiff has in fact suffered injury, as well as whether the defendant may be liable therefor......
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McAuley v. Wills
...677, 171 S.E.2d 918; Charter Builders, Inc. v. Sims Crane Service, Inc., 150 Ga.App. 100, 101(1), 256 S.E.2d 678; Collins v. McGlamory, 152 Ga.App. 114, 262 S.E.2d 262; Cowart v. Five Star Mobile Homes, Inc., 161 Ga.App. 278, 279, 291 S.E.2d This is a case of first impression (from our exam......
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Towles v. Cox
...usually for the jury to say whether the conduct in question met the standard of the reasonable man.' [Cit.]" Collins v. McGlamory, 152 Ga.App. 114, 262 S.E.2d 262 (1979). The jury in the instant case resolved the issues of negligence and proximate cause in favor of plaintiff and against The......
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Daves v. Davidson, A97A0941
...her car at the time of the collision. See Stubbs v. Tri-State Culvert Corp., 177 Ga.App. 113(1), 338 S.E.2d 449; Collins v. McGlamory, 152 Ga.App. 114, 262 S.E.2d 262. The rear-end collision cases Daves cites in support of his motion for directed verdict, Nail v. Green, 147 Ga.App. 660, 249......