"This case has now been submitted to this Court for decision on the Motion for New Trial filed by the Plaintiffs, Mavis Brown and Coy Brown, and also on the Motion for New Trial filed by the Defendant Douglas MacArthur Lang.
"On Saturday morning, April 17, 1982, Mavis Brown was operating a pick-up truck along Alabama Highway 75 on her way home from a visit to a beauty salon.
"As her vehicle approached a bridge located over a creek, a Gold Kist tractor-trailer rig, sometimes called an eighteen wheeler, operated by Randall Honea, was approaching the same bridge from the opposite direction.
"According to the testimony of an expert witness who had actually measured the bridge with a tape measure, the bridge is one hundred feet in length. It has concrete railings on both sides and is of uniform width. Its width determined by the distance between the concrete railings is nineteen feet, eight inches.
"Mavis Brown testified that she first saw the Gold Kist tractor-trailer rig as it approached the bridge. It was traveling at a speed of forty-five to fifty miles per hour and was straddling the center line of the highway coming around a curve and approaching the other end of the bridge. She began applying the brakes of her vehicle and also began pulling off to the right side of the highway in order to avoid a collision with the tractor-trailer rig. She was then about two truck lengths from her end of the bridge. She had pulled over sufficiently so that two of the wheels of her vehicle were off the pavement. She estimated that her vehicle was about one-half off the pavement. She saw the Gold Kist truck coming across the bridge still straddling the center line. Its speed had not changed.
"It was her opinion that there was not room on the bridge for her pickup truck to pass the the Gold Kist tractor-trailer rig. The Gold Kist truck had not cleared her vehicle when her vehicle was struck from the rear and knocked forward into the concrete bridge railing, causing her very serious injuries and damages for which she and her husband now make claim.
"The Defendant Lang was operating a pickup truck following Mavis Brown. Lang testified that he was traveling behind Mavis Brown at a speed of forty to forty-five miles per hour as he approached the bridge. He saw the Gold Kist truck entering the bridge from the opposite direction. It was then three to four feet over the center line. Lang saw the brake lights go on on Mavis Brown's vehicle. He applied his brakes. The rear wheels of the Gold Kist tractor-trailer rig struck the side of Lang's pickup truck, causing his pickup truck to go forward and strike the rear of Mavis Brown's vehicle, which then collided with the concrete railing of the bridge.
"On the other hand, Randall Honea testified that he was operating the Gold Kist tractor-trailer rig; that he travelled around the curve on Highway 75 approaching the bridge at a speed of forty to forty-five
miles per hour and that he then slowed to twenty-five to thirty miles per hour going across the bridge. He testified that Mavis Brown's vehicle was stopped or almost stopped as he came across the bridge and that the pickup truck being operated by Lang struck the rear of Mavis Brown's truck, then bounced over the center line in front of his vehicle on his side of the road and was there struck by the rear wheels of his tractor. The collision with the pickup truck caused a spring hanger to break in the tractor so that Honea then lost control over steering. His vehicle bounced up, made a left turn, and sped down the side of an embankment and into an open field next to the embankment.
"Two other witnesses, David Stackhouse and Ida Katherine Stackhouse, were travelling in an automobile behind Lang's pickup truck. David Stackhouse testified that Mavis Brown's vehicle began to slow down and then slid into the bridge and that Lang's truck then hit the rear of Mavis Brown's vehicle, bounced to the left from the impact and collided with the Gold Kist tractor-trailer rig on the side of the highway on which the tractor-trailer rig was travelling. According to David Stackhouse's testimony, the tractor-trailer rig remained on its side of the highway the entire time.
"This case was submitted to the jury on the issues whether Gold Kist and its employee, Honea, were guilty of negligence or wanton conduct which proximately caused or contributed to cause the accident; or whether Lang was guilty of negligence which proximately caused or contributed to cause the accident; and also whether Mavis Brown was guilty of contributory negligence which proximately caused or contributed to cause the accident.
"The jury returned a verdict in favor of Gold Kist and Honea. The jury found in favor of Mavis Brown against Lang and awarded damages to Mavis Brown in the amount of $150,000.00.
"In support of their Motions for New Trial, Mavis and Coy Brown and Lang argue that they did not receive a fair trial because one of the veniremen who was eventually selected as a juror did not truthfully respond to questions on voir dire examination. The juror, Scott Freeman, when asked to identify himself and state his place of employment, stated that he worked at Gayle Supply Company.
"Later, when expressly asked by counsel for Mavis and Coy Brown what he did at Gayle Supply, Freeman responded that he worked in the 'storeroom.'
"In support of the Browns' Motion for New Trial, the Browns have submitted the affidavit of Bill Gayle, President of Gayle Supply Company, who states as follows:
" 'Scott D. Freeman has been employed by the Gayle Supply Company since September of 1983. Throughout that period of time he has been a truck driver at the Gayle Supply Company. He does not work in the warehouse and has never been a warehouse worker for the Gayle supply Company.'
"Two Affidavits have been filed by counsel for Gold Kist and Honea in opposition to the Browns' Motion for New Trial.
"In one Affidavit executed by Scott Freeman, he states under oath in part as follows:
" '3. When I responded to counsel's for the Plaintiffs question concerning my job at Gayle supply, I was under the assumption that what was meant by truck driver, was the driver of an 18 wheel transport truck. I have driven a pickup to a 2-ton truck on deliveries and work in the warehouse at Gayle Supply so I assumed no, when asked if I was a truck driver.
" '4. I did not intend to deceive anyone nor did I have improper motive concerning my response.'
" 'I have read the affidavit which was already presented to me for my signature. It is not technically correct. Mr. Freeman is classified as a driver with our company. He does not drive any 18 wheel truck. The biggest truck he
would drive would be a two ton. His job is primarily to make deliveries in the Jefferson County area, although he could go as far as 70 miles away. He does work part of the time in our warehouse, so I cannot state that he never does any warehouse work.'
"The list of jurors for the week of January 28, 1985, listed Scott Freeman as follows.
" '79. Freeman-Scott D. 1904 Dix Circle B'ham. 35215 Truck Driver Gayle Supply'
"The jury qualification questionnaire returned to the Jefferson County Jury Commission by Freeman contained the following:
" '8. What is your occupation and business address?
" 'Truck Driver, Gayle Supply Company.'
"Scott Freeman was also called as a witness in connection with the Motion for New Trial. He testified at the hearing that he had been working at Gayle Supply for approximately one and one-half years. Freeman stated that he worked in the warehouse and made deliveries. Freeman further testified that when asked what he did, he said that he worked in a warehouse. The talk had been about eighteen wheeler tractor-trailer trucks and that he has never driven an eighteen wheeler tractor-trailer rig. He doesn't ever want to drive one. Freeman further testified that the jury information questionnaire had been filled out by his mother and he had then signed it. He did state that he was classified as a truck driver at Gayle Supply Company.
"....
"The ... question is whether the Browns and Lang are entitled to a new trial because of Freeman's failure to disclose on voir dire that his duties as an employee at Gayle Supply primarily involved driving a truck.
"Generally, parties have a right to have their questions on voir dire answered truthfully to enable them to exercise their discretion wisely in the use of their peremptory strikes. Sanders v. Scarvey, 284 Ala. 215, 224 So.2d 247 (1969). This principle has been qualified in later decisions as requiring 'regard to the factual background of a particular situation.' Miller v. Samples, 291 Ala. 533, 535, 283 So.2d 424 (1973).
"In Freeman v. Hall, 286 Ala. 161, 238 So.2d 330 (1970), the Supreme Court stated as the appropriate rule the following:
" 'We hold that the proper inquiry for the trial court on motion for new trial, grounded on allegedly improper responses or lack of responses by prospective jurors on voir dire, is whether this has resulted in probable prejudice to the movant. This appears to be the general rule throughout the country. (See Annotations, 38 A.L.R.2d 624, and 63 A.L.R.2d 1061)....'...
