Kicklighter v. Jones
Decision Date | 31 January 1992 |
Docket Number | No. A91A2001,A91A2001 |
Citation | 202 Ga.App. 654,415 S.E.2d 302 |
Parties | KICKLIGHTER v. JONES. |
Court | Georgia Court of Appeals |
John E. Pirkle, Hinesville, for appellant.
Howard, Carswell & Bennett, Kenneth R. Carswell, Jesup, for appellee.
Seeking to recover for injuries that she had suffered in an automobile collision, appellant-plaintiff brought suit against appellee-defendant. At the jury trial, appellee successfully moved for a directed verdict at the close of appellant's evidence. Appellant appeals from the judgment entered by the trial court on its grant of appellee's motion.
The relevant facts are as follows: The collision occurred as appellant was crossing through an intersection and the side of her automobile was struck by the on-coming automobile that was being operated by appellee. At the intersection, it was appellant who had a stop sign and appellee who had the right-of-way and there is no evidence that, as appellee and appellant approached the intersection, they were not proceeding at a reasonable speed. Accordingly, it is not material that, as appellee was approaching the intersection, she did not slow or stop after seeing that appellant was also approaching the intersection. Meeks v. Johnson, 112 Ga.App. 760, 764, 146 S.E.2d 121 (1965). What would be material is whether appellee had an opportunity to avoid the collision after she saw or should have seen that appellant was entering into the intersection so as to cross appellee's lane of traffic. Meeks v. Johnson, supra at 764-765, 146 S.E.2d 121.
A review of the record demonstrates that appellan...
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