Parks v. Consolidated Freightways, No. 76051
| Court | United States Court of Appeals (Georgia) |
| Writing for the Court | BEASLEY; BIRDSONG |
| Citation | 370 S.E.2d 827,187 Ga.App. 576 |
| Parties | PARKS et al. v. CONSOLIDATED FREIGHTWAYS et al. |
| Decision Date | 21 June 1988 |
| Docket Number | No. 76051 |
Page 827
v.
CONSOLIDATED FREIGHTWAYS et al.
Page 828
[187 Ga.App. 579] Clayton Sinclair, Jr., Atlanta, for appellants.
Edgar A. Neely III, Randall H. Davis, Atlanta, for appellees.
[187 Ga.App. 576] BEASLEY, Judge.
Terry Parks, his mother-in-law Mrs. Reid, his wife, and his daughter through her representatives, appeal from the verdict and judgment in favor of defendants Consolidated Freightways, Horne, and Safeco Insurance Company. Parks, Reid, and the child were injured in a traffic accident involving a Consolidated tractor-trailer driven by Horne. Parks was rendered a quadraplegic. Safeco posted the bond required by OCGA §§ 46-7-12(a), (c) & 46-7-58(a), (c).
The evidence supporting the verdict showed that Parks was driving a pickup truck west on Cascade Road with his then three-year-old daughter in the center and Mrs. Reid in the passenger's seat. No one was wearing seatbelts. He stated he saw a big blur in front of the truck, panicked, and jammed on the brakes, causing the truck to go [187 Ga.App. 577] into a skid and hit the east-bound tractor-trailer driven by Horne. The dispute as to liability arose over Parks' contention that the tractor-trailer had veered over the centerline into his lane, causing his reaction and the wreck. He contended that the initial impact occurred in his lane. Horne and two eye witnesses saw the pickup truck weave back and forth more than once and cross the centerline. One saw the child standing up in the seat seconds before impact. All stated that the impact occurred in the eastbound lane and that Horne took evasive action.
Both sides also produced experts in accident reconstruction, although plaintiffs had never examined the vehicles except via photographs and only saw the scene three years after the accident. Defendants' had examined the vehicles and visited the scene within three weeks of the wreck.
1. Plaintiffs first complain that the trial court erroneously bifurcated the trial into liability and damages phases over their objection. In their written response to defendants' motion, plaintiffs contended that it was necessary for them to introduce expert medical evidence as to how the quadraplegia-producing injury occurred in order to support their version of the accident. There is, however, nothing in the record or transcript showing any proffer of this evidence.
The court ordered the issues tried separately pursuant to OCGA § 9-11-42(b). "Severance is largely a matter of discretion for the trial judge, and absent clear and manifest abuse of that discretion, it will not be interfered with on appeal." Wheels & Brakes v. Capital Ford Truck Sales, 167 Ga.App. 532, 533(1), 307 S.E.2d 13 (1983); Vitner v. Funk, 182 Ga.App. 39, 43(1), 354...
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Endsley v. Geotechnical & Envtl. Consultants, Inc., A16A1003
...issue, or of any number of claims, cross-claims, counterclaims, third-party claims, or issues."); Parks v. Consolidated Freightways , 187 Ga.App. 576, 577 (1), 370 S.E.2d 827 (1988) ("Severance is largely a matter of discretion for the trial judge, and absent clear and manifest abuse of tha......
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Whitley v. Gwinnett County, A95A2136
...vehicle collision cases, we find the trial court did not abuse its discretion in the case sub judice. Parks v. Consolidated Freightways, 187 Ga.App. 576, 577(1), 370 S.E.2d 827 (1988); Cline v. Kehs, 146 Ga.App. 350(1), 246 S.E.2d 329 3. Whitley argues that the trial court erred in granting......
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Michaels v. Kessler, 77560
...We find no reversible error in the trial court's granting of the motion for severance. See generally Parks v. Consolidated Freightways, 187 Ga.App. 576, 577(1), 370 S.E.2d 827 2. The dismissal of appellants' third-party action is enumerated as error. "Impleader is ' "not a device for bringi......
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Jackson v. International Harvester Co., 77613
...trial judge and will not be reversed on appeal absent clear and manifest abuse of that discretion. Parks v. Consolidated Freightways, 187 Ga.App. 576(1), 370 S.E.2d 827 (1988). Appellant has shown no harm from the bifurcation, and we see none appearing in the record. There is no 2. Appellan......
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Endsley v. Geotechnical & Envtl. Consultants, Inc., A16A1003
...issue, or of any number of claims, cross-claims, counterclaims, third-party claims, or issues."); Parks v. Consolidated Freightways , 187 Ga.App. 576, 577 (1), 370 S.E.2d 827 (1988) ("Severance is largely a matter of discretion for the trial judge, and absent clear and manifest abuse of tha......
-
Whitley v. Gwinnett County, A95A2136
...vehicle collision cases, we find the trial court did not abuse its discretion in the case sub judice. Parks v. Consolidated Freightways, 187 Ga.App. 576, 577(1), 370 S.E.2d 827 (1988); Cline v. Kehs, 146 Ga.App. 350(1), 246 S.E.2d 329 3. Whitley argues that the trial court erred in granting......
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Michaels v. Kessler, 77560
...We find no reversible error in the trial court's granting of the motion for severance. See generally Parks v. Consolidated Freightways, 187 Ga.App. 576, 577(1), 370 S.E.2d 827 2. The dismissal of appellants' third-party action is enumerated as error. "Impleader is ' "not a device for bringi......
-
Jackson v. International Harvester Co., 77613
...trial judge and will not be reversed on appeal absent clear and manifest abuse of that discretion. Parks v. Consolidated Freightways, 187 Ga.App. 576(1), 370 S.E.2d 827 (1988). Appellant has shown no harm from the bifurcation, and we see none appearing in the record. There is no 2. Appellan......