Roesler v. Etheridge
| Decision Date | 04 January 1972 |
| Docket Number | No. 46559,No. 1,46559,1 |
| Citation | 125 Ga.App. 358,187 S.E.2d 572 |
| Parties | David E. ROESLER v. Artrella ETHERIDGE et al |
| Court | Georgia Court of Appeals |
Savell, Williams, Cox & Angel, Edward L. Savell, William S. Goodman, Atlanta, for appellant.
Daniel C. B. Levy, Charlie Franco, Atlanta, for appellees. Syllabus Opinion by the Court
This is a personal injury action arising out of a rear-end collision in which plaintiff was a passenger in the lead automobile and defendant was the driver of the following car. The defendant answered denying the allegations of negligence. A third party complaint was filed by defendant against the driver of the lead vehicle alleging that the gross negligence of the third party defendant was the proximate cause of plaintiff's injuries; that the gross negligence of the third party defendant concurred with the negligence, 'if any there be,' of the defendant/third party plaintiff in causing the plaintiff's injuries or was the sole cause thereof and demanded contribution from the third party defendant for all or any part of any sums that may be adjudged against defendant. The trial court granted plaintiff a summary judgment as to liability only against defendant and ordered a separate trial between defendant/third party plaintiff and third party defendant.
The only evidence submitted in support of the motion for summary judgment are admissions of defendant made during the proceedings in traffic court which consisted of his plea of guilty to colliding with a parked vehicle and his statement to the effect that immediately preceding the collision he was changing lanes to get into the right lane; that it was raining and gloomy; that when he noticed that the lead vehicle was stopped, he attempted to stop but slid into the lead vehicle. The trial judge in his order also held that the third party complaint should be considered 'as evidence in the nature of admissions' against the defendant in the main case. Held:
1. A leading vehicle has no absolute legal position superior to that of one following. Hay v. Carter, 94 Ga.App. 382, 384, 94 S.E.2d 755; Malcom v. Malcolm, 112 Ga.App. 151, 155, 144 S.E.2d 188; Harper v. Plunkett, 122 Ga.App. 63, 176 S.E.2d 187. No provision of law Flanigan v. Reville, 107 Ga.App. 382, 130 S.E.2d 258. While any negligence of the third party defendant as the host driver would not be imputable to the plaintiff guest, his negligence if the proximate cause of plaintiff's injuries would eliminate liability on the part of the defendant. Colvin v. Truitt, 122 Ga.App. 233(3), 176 S.E.2d 502. Defendant's plea of guilty to a traffic charge is an admission, but it is not conclusive that defendant was negligent as it is only a circumstance to be considered along...
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Johnson v. Curenton
...the case here is controlled by the rulings of this court in Harper v. Plunkett, 122 Ga.App. 63, 176 S.E.2d 187 and Roesler v. Etheridge, 125 Ga.App. 358, 187 S.E.2d 572. Both of these cases involved rear-end collisions including a plea of guilty to a traffic charge by the defendant in each ......
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Atlanta Coca-Cola Bottling Co. v. Jones
...the directed verdict cases. The Johnson opinion distinguished Harper v. Plunkett, 122 Ga.App. 63, 176 S.E.2d 187 and Roesler v. Etheridge, 125 Ga.App. 358, 187 S.E.2d 572 on factual differences, but then said: 'We prefer however to differentiate these two cases because they involved summary......
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Blalock v. Staver, 49595
... ... of the plaintiff under those circumstances (as leading vehicle in a rear-end collision) presents a question for the jury is found in Roesler v. Etheridge, 125 Ga.App. 358, 187 S.E.2d 572; Sears, Roebuck & Co. v. Kinzler, 118 Ga.App. 682, 164 S.E.2d 872; O'Neil v. Moore, 118 Ga.App. 424(3), ... ...
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Thompson v. Hill
...it is only a circumstance to be considered along with the other evidence in the civil action for damages." Roesler v. Etheridge, 125 Ga.App. 358, 359(1), 187 S.E.2d 572, 573 (1972); Roper v. Scott, 77 Ga.App. 120, 124, 48 S.E.2d 118 Mrs. Hill testified that she entered a plea of guilty beca......