Martin v. Mobley

• Decision Date: 31 July 1969
• Docket Number: No. 18948,18948
• Citation: 169 S.E.2d 278,253 S.C. 103
• Parties: Marie Bell MARTIN, Respondent, v. Martha S. MOBLEY, Appellant.
• Court: South Carolina Supreme Court

Page 278

169 S.E.2d 278

253 S.C. 103

Marie Bell MARTIN, Respondent, v. Martha S. MOBLEY, Appellant.

No. 18948.

Supreme Court of South Carolina.

July 31, 1969.

Love, Thornton, Arnold & Thomason, Greenville, for appellant.

Clifford F. Gaddy, Jr., Greenville, for respondent.

BUSSEY, Justice.

In this action plaintiff-respondent recovered a verdict for actual damages in the amount of $7,500.00 for personal injuries and property damage allegedly sustained in an intersectional collision between two compact automobiles. Defendant appeals from the denial of her motions for a judgment non obstante veredicto and for a new trial. Since there is no substantial conflict in the evidence as to the occurrence of the collision, a detailed review of the evidence thereabout would serve no useful purpose. It is necessary to only briefly describe the manner in which the collision occurred.

Such occurred in the City of Greenville on March 10, 1967, at about 11 o'clock A.M., between a Volkswagen, the property of the plaintiff, and an Opel, driven by the defendant. The plaintiff's car, in which she was a passenger, was being driven by her husband in a southerly direction in the westerly lane (next to the curb) of Augusta Street, a four lane street. Defendant was driving the Opel in a northerly direction on Augusta Street in the northbound lane nearest the center line. Defendant made a left turn across the path of plaintiff's vehicle for the purpose of entering Lewis Plaza, a shopping center to the west of Augusta Street, and there was an impact between the front of plaintiff's vehicle and the right side of defendant's vehicle.

The intersection was controlled by a traffic light or lights and both vehicles had a green light at the time. The defendant admittedly did not see the plaintiff's vehicle until after the impact and the only reasonable inference from the evidence is that she simply did not look for traffic in the lane occupied by plaintiff's vehicle. The only conflict in the evidence, which we do not regard as of any substantial consequence, is that the defendant contended that three-quarters of her vehicle was in the entrance to the shopping center at the moment of impact, and that it was struck on the right rear fender. Plaintiff contended that the defendant's vehicle was not that far into the shopping center entrance and that the point of impact thereon was about the right door.

The defendant argues, obviously without real conviction, that there was no evidence of actionable negligence on her part. Suffic it to say that a review of the evidence clearly shows that there is no merit whatever in such contention. The trial judge, of his own motion, refused to submit to the jury the defendant's plea that plaintiff was guilty of contributory negligence and willfulness, and it is now asserted that he was in error in doing so. The principles of law with respect to the duty of a passenger or occupant of an automobile to exercise care to avoid injury are fully set forth in the fairly recent case of Stone v. Barnes, 248 S.C. 28, 148 S.E.2d 738 (1966), and it will serve no useful purpose to repeat them here. That case is strongly relied upon by the defendant, but it is clearly distinguishable on the facts. In the instant case a careful review of the evidence satisfies us that there is no evidence whatsoever from which it could be reasonably inferred that the plaintiff, in any particular, failed to exercise care for her own safety.

A number of exceptions deal with the evidence as to the extend of the personal injuries sustained by the plaintiff. For a better understanding of the issues, we narrate the following facts as shown by the plaintiff's evidence. In the collision, which occurred on a Friday, the plaintiff was thrown forward by the force of the impact and sustained injuries to her head and her lower back in the area of her right hip, which was badly swollen on the following day with severe pain of the hip and down the right leg into her ankle. She was employed but was on leave during the week in which the accident occurred. Although she suffered considerable discomfort, she returned to work the following Monday morning and did not consult a doctor for some two or three weeks.

As a result of her injuries, she sought and was successful in obtaining lighter work from her employer, and continued to work until about the first of May, but was thereafter unable to work until after July 18th. On that date her husband disappeared, his whereabouts being still unknown at the time of the trial. Plaintiff was left with a 19 year old daughter and a 15 year old son, the latter being dependent upon her for support. Despite her physical complaints, she then was forced to seek employment and did obtain employment, but with a different employer, at lighter work, and at a lesser rate of pay. With minor interruptions, she managed to continue work in such employment until the following December.

In December, she consulted Dr. Coker, a chiropractor, and also a medical doctor about her condition. She did not respond to treatment and was then sent to Dr. Grier, an orthopedic surgeon, who, in January 1968, surgically removed a herniated disc from plaintiff's spinal column. She was discharged by Dr. Grier in March 1968, approximately three and a half months prior to the trial in June 1968.

Plaintiff had admittedly experienced difficulty with her back prior to the accident, but her prior discomfort...