Meatows v. Oxford, 46650

• Decision Date: 03 November 1971
• Docket Number: No. 3,No. 46650,46650,3
• Citation: 186 S.E.2d 343,124 Ga.App. 778
• Parties: Dorothy V. MEATOWS v. Jesse P. OXFORD
• Court: Georgia Court of Appeals

Page 343

186 S.E.2d 343

124 Ga.App. 778

Dorothy V. MEATOWS v. Jesse P. OXFORD.

No. 46650.

Court of Appeals of Georgia, Division No. 3.

Nov. 3, 1971.

Dunaway, Shelfer, Haas & Newberry, William S. Shelfer, Jr., Atlanta, for appellant.

William R. Hurst, Atlanta, for appellee.

Syllabus Opinion by the Court

PER CURIAM.

Jesse P. Oxford sued for damages for personal injuries. His complaint alleged that:

'On June 19, 1967, at about 6 p.m., on a public highway in Fayette Couny, Georgia, and which is known and designated as Georgia Highway Number 54, the defendant (Mrs. Dorothy Virginia Meatows) negligently drove her automobile into the rear of an automobile owned by and driven by one Harvey Johnston of Auburn, Alabama; the Johnston vehicle was thereby knocked or pushed into the rear of plaintiff's automobile; both the Oxford and Johnston vehicles being lawfully stopped in obeyance of a flagman's stop signal at the time of the multiple collision caused by the defendant.'

Mrs. Meatows' answer denied the material allegations of the complaint and set up several matters in defense. The issue made was tried before a jury. The jury found for the plaintiff and awarded a certain sum as damages.

Mrs. Meatows appeals from the denial of her motion for new trial as amended and enumerates the same as error. Separate enumerations are addressed to the overruling of general grounds and each of the special grounds of the motion.

There was evidence that Oxford was driving west on Georgia Highway Number 54 toward Fayetteville. Behind Oxford was a car being driven by one Harvey Johnston. And behind Johnston was the car driven by Mrs. Meatows. It was about 5 or 6 o'clock in the afternoon on June 19, 1967; it was daylight and the weather was clear. The cars were proceeding along at about the posted 60 mph speed limit. Oxford approached a place on the highway where telephone company workmen were working on the opposite side of the road with trucks and machinery laying a telephone cable. As Oxford approached this area a flagman standing on the pavement signaled to Oxford to stop. Oxford stopped. Johnston also observed equipment on the highway and the flagman. He saw that Oxford was applying brakes and stopping. He came to a stop behind Oxford. There is evidence that the car driven by Mrs. Meatows struck Johnston's car in the rear, sending it forward into the rear of Oxford's car. Mrs. Meatows testified: Q. Tell this jury how the thing happened? A. Well, I had been to Jonesboro and picked up the mail and was coming back home on 54, headed west. And I was coming around a curve, and there was no flagman out and no signs. And when I came up into the curve there were cars stopped in the road, and there was a ditch on the right, and I was,-I couldn't go to the right, I had to do the best I could. If I had gone to the right, I would have gone in the ditch and turned over. And if I had gone to the left lane, I might have run into somebody head-on, and it was just a case of emergency and I had to try to stop the best way I could. Q. Were you able to stop your car? A. Well, I slid, I don't know how many feet, because I am not good at judging feet, or anything like that. But I slid a good piece before I hit the car in front of me . . .

There was evidence from which the jury could conclude that the area of the road in question was visible to approaching drivers from 600 feet away. There was evidence that Johnston's brake lights were seen by Mrs. Meatows. There was evidence that Oxford suffered a 'whiplash' injury involving the cervical vertebra region.

1. The jury was authorized to find from the evidence that the defendant was negligent in not keeping a proper lookout and in following closer than was reasonable and prudent under the circumstances and that such was the proximate cause of the plaintiff's injuries. The general grounds of the motion for new trial are without merit.

2. During the course of the trial the plaintiff on redirect examination responded to some questioning as follows: Q. Were you present when the Highway Patrolman talked to Mrs. Meatows? A. Yes, sir. Q. Could you overhear that conversation? A. He was inquiring from all of us and asked for our driver's licenses and insurance, and we all happened to have it . . .'

The defendant moved for a mistrial, contending that the fact of insurance had deliberately been injected into the case. The trial judge denied the motion, voicing the opinion that the answer was spontaneous and unsolicited. The trial judge immediately rebuked counsel in the presence of the jury and instructed the jury to disregard the...