Griffin v. Bremen Steel Co., Inc.

• Court: Georgia Court of Appeals
• Writing for the Court: McMURRAY; QUILLIAN, C. J., and POPE
• Citation: Griffin v. Bremen Steel Co., Inc., 288 S.E.2d 874, 161 Ga.App. 768 (Ga. App. 1982)
• Decision Date: 05 March 1982
• Docket Number: No. 63097,63097
• Parties: GRIFFIN et al. v. BREMEN STEEL COMPANY, INC.

Page 874

288 S.E.2d 874

161 Ga.App. 768

GRIFFIN et al. v. BREMEN STEEL COMPANY, INC.

No. 63097.

Court of Appeals of Georgia.

March 5, 1982.

Certiorari Denied April 29, 1982.

J. S. Hutto, Brunswick, Thomas J. Venker, Atlanta, for appellants.

A. Terry Sorrells, Atlanta, for appellee.

McMURRAY, Presiding Judge.

This action involves a wrongful death brought by the widow of the decedent and in a separate case by the administratrix of the estate of the decedent against the Bremen Steel Company, Inc., both seeking damages. In the wrongful death action seeking the full value of the life of the decedent the action was also brought against Southern Railway Company but for the purposes of this appeal it is no longer in the case.

The decedent died as the result of injuries received in a collision of a motorcycle he was driving which collided with a truck (tractor) driven by another, there being no actual contact with the vehicle owned by the defendant and driven by its agent and servent. Since the decedent did not die in the collision and sustained substantial medical expenses and pain and suffering as he lingered between life and death for some 30 days the action by the administratrix was for these damages.

Both actions were consolidated for the purpose of consideration of a motion for summary judgment filed by the defendant after considerable discovery.

For the purpose of summary judgment the plaintiffs contend that the defendant Bremen Steel Company, Inc. may be held liable for the injury and damages received including the value of decedent's life inasmuch as the defendant's servant and agent driving a tractor-trailer made a left turn from the northbound lane of Marietta Road (two lanes) to cross into a gravel lot located on the west side of said road. The defendant contends that the undisputed facts reflect that before making the left turn from the northbound lane of Marietta Road the defendant's driver and agent turned on the left turn signal of his vehicle, looked in a northerly direction, made a determination that for a distance of some 431 feet to a curve located in the road to the north no vehicles were in sight, proceeded to cross the southbound lane of said Marietta Road into or toward the gravel lot located on the west side of the road, that the motorcycle driven by the decedent did not appear in sight from the north until the front of defendant's vehicle was either across or almost across the southbound lane of the road and that the proximate cause of the collision which occurred was the speed of the motorcycle driven by the decedent estimated between 50-60 m. p. h. as it came out of the curve, the posted speed being 25 m. p. h. The decedent, seeing the truck in his path skidded the motorcycle for approximately 49 feet, swerved to the left apparently to avoid defendant's trailer blocking the road and struck the left rear wheels of a bobtailed tractor (without trailer) which was proceeding north on Marietta Road behind defendant's tractor-trailer, which bobtailed tractor pulled to the right side of the road when he observed the possibility of the collision occurring. The decedent's motorcycle crossed the centerline and struck this vehicle. The driver of the vehicle following defendant's vehicle testified by deposition that after the decedent skidded the motorcycle for some 49 feet to avoid the crossing tractor-trailer (the trailer being approximately 40 feet long) he attempted to go around the tractor-trailer which resulted in the motorcycle sliding into the left rear wheels of his bobtailed tractor. He also testified that based upon his observation the decedent, as driver of the motorcycle, came around the curve at a speed at which he could not stop, the tractor-trailer being across the lane of traffic that decedent was traveling in, swerved the motorcycle to the left which went over the centerline laying down flat and sliding on its side.

After consideration of the consolidated motion for summary judgment based upon agreement of counsel the trial court determined it was meritorious, and same was granted in favor of the defendant Bremen Steel Company, Inc. Plaintiffs appeal. Held :

1. With reference to this case we are concerned here with the Uniform Rules of the Road, Code Ann. § 68A-402 (Ga.L.1974, pp. 633, 657) and Code Ann. § 68A-604 (Ga.L.1974, pp. 633, 664). Code Ann. § 68A-402, supra, has reference to a vehicle turning left in which the law states that the driver of a vehicle "intending to turn to the left ... into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is ... so close thereto as to constitute an immediate hazard." Code Ann. § 68A-604, supra, with reference to turning movements and required signals has reference to the proper position of the vehicle upon the roadway and requires that no person shall turn a vehicle into a private road or driveway, "unless and until such movement can be made with reasonable safety." This statute requires that appropriate and timely signals be given "continuously for a time sufficient to alert the driver of a vehicle proceeding from the rear in the same direction or a driver of a vehicle approaching from the opposite direction."

From the depositions and affidavits of the drivers of the tractor-trailer and of the bobtailed tractor it appears that the defendant's tractor-trailer crossing Marietta Road had given the proper signal and was proceeding slowly in making the turn. It is not questioned that a signal to make the left turn had been made. However, we are concerned here with the language of these two statutes as to whether or not the turning vehicle and the motorcycle approaching from the opposite direction were "so close thereto as to constitute an immediate hazard," and whether or not defendant's driver could turn across the highway and said movement could be "made with reasonable safety." The depositions of the drivers of the tractor-trailer and the bobtailed tractor show the driver of the motorcycle was the decedent. It is the contention of the plaintiffs that the defendant's driver, as the result of making the left turn in front of the decedent who was proceeding southerly from the opposite direction, caused him to skid 49 feet, swerve to his left to avoid the tractor-trailer and strike the left rear wheels of the bobtailed tractor proceeding north on Marietta Road behind defendant's tractor-trailer and which bobtailed tractor had pulled off to the right side of the road to avoid the collision. The defendant contends, however, that the driver of defendant's vehicle...