Graham v. Suggs

• Decision Date: 05 December 1977
• Docket Number: No. 20557,20557
• Citation: 269 S.C. 627,239 S.E.2d 644
• Court: South Carolina Supreme Court
• Parties: Randall GRAHAM, Respondent, v. William Tilton SUGGS and Frank Sarvis, Appellants.

Page 644

239 S.E.2d 644

269 S.C. 627

Randall GRAHAM, Respondent, v. William Tilton SUGGS and Frank Sarvis, Appellants.

No. 20557.

Supreme Court of South Carolina.

Dec. 5, 1977.

McCaskill & Horton, Conway, for appellant Suggs.

Allen L. Ray, Conway, for appellant Sarvis.

William T. Johnson, Jr., Conway, for respondent.

NESS, Justice:

Respondent Graham commenced this action against appellants to recover for injuries sustained in a three car collision. This appeal is from a jury verdict of $25,000.00. We affirm.

Respondent was enroute to Bell's welding shop on a two lane paved road in a rural area of Horry County. As he approached the shop's driveway at a slow rate of speed with his signal indicator flashing, appellant Sarvis sat in his parked truck on the shoulder of the road near the driveway, headed in the same direction as respondent.

Respondent looked for approaching traffic as he commenced his left turn. At this time Sarvis allegedly drove his pickup truck forward and blocked respondent's entrance into the driveway. Respondent testified that he "mashed" his brakes to avoid a collision and immediately thereafter was struck by the automobile driven by appellant Suggs, which was traveling in the opposite direction. Following this impact, respondent's car struck Sarvis' pickup truck.

The testimony of the parties was contradictory on two critical points. While respondent claimed that Sarvis pulled his truck forward and blocked respondent's entrance into the driveway, Sarvis denied that he moved his vehicle forward at all. Furthermore, although respondent testified that he never saw the oncoming Suggs' vehicle, both Sarvis and a passenger in his pickup truck, Marlowe, stated they saw the Suggs' automobile approaching for approximately 200 yards and knew a collision was imminent. Suggs did not testify.

Sarvis assigns error to the lower court's denial of his motions for directed verdict and judgment N.O.V. Suggs asserts error in the denial of his motion for judgment N.O.V. and to the judge's charge of the doctrine of last clear chance.

Under settled principles, we review the evidence and all reasonable inferences deducible therefrom in the light most favorable to the party opposing the motion. Allstate Insurance Company v. State Farm Mutual Automobile Insurance Company, 260 S.C. 350, 195 S.E.2d 711 (1973); Blanding v. Hammell, 267 S.C. 352, 355, 228 S.E.2d 271 (1976). Upon so viewing the evidence, if more than one reasonable inference can be drawn, or if the inferences are in doubt, the motions should be denied. Ray v. Simon, 245 S.C. 346, 140 S.E.2d 575 (1965); see also decisions collected in 3 S.C. Digest, Appeal & Error, k933(1); Wigmore on Evidence, §§ 2494, 2495; McCormick on Evidence, § 338.

Apart from the conflict in testimony regarding the movement of Sarvis' truck and the visibility of Suggs' automobile, there was also a dispute concerning the rate of speed at which Suggs was driving. The force of the collision and the distance travelled after impact were sufficient to raise an inference of Suggs' excessive speed. Phillips v. Davis, et al., 225 S.C. 395, 405, 82 S.E.2d 515 (1954); Barnum v. Martin, 135 Ga.App. 712, 219 S.E.2d 341, 343 (Ga.App.1975); 8 Am.Jur.2d, Section 949, page 493; 93...