Royalston v. Middlebrooks

• Decision Date: 05 May 2010
• Docket Number: No. A10A0314.,A10A0314.
• Citation: 303 Ga.App. 887,696 S.E.2d 66
• Parties: ROYALSTON et al.v.MIDDLEBROOKS.
• Court: Georgia Court of Appeals

303 Ga.App. 887

696 S.E.2d 66

ROYALSTON et al.v.MIDDLEBROOKS.

No. A10A0314.

Court of Appeals of Georgia.

May 5, 2010.

COPYRIGHT MATERIAL OMITTED

Hicks, Casey & Foster, Richard C. Foster, Andrea A. Guariglia, Marietta, for Appellants.

Andrews, Knowles & Princenthal, Adam P. Princenthal, Atlanta, Groth & Makarenko, Nikolai Makarenko Jr., Rosser A. Malone, for Appellee.

MIKELL, Judge.

Collie M. Middlebrooks filed a personal injury action against Kimberly Davis, John Spencer Royalston, and Georgia Sandwich Company, Inc. (“GSC”), Royalston's employer, seeking damages for injuries he sustained in a multi-vehicle collision. The jury awarded Middlebrooks compensatory damages in the amount of $3,064,836, punitive damages in the amount of $1,000,000, ¹ and attorney fees and expenses in the amount of $621,780.96. Royalston and GSC appeal, asserting that the trial court erred when it denied their motions for directed verdict and for judgment notwithstanding the verdict (“j.n.o.v.”) and their motions in limine, which sought to exclude the testimony of two witnesses. Appellants also assert as error the admission of testimony regarding Royalston's workers' compensation claim, the trial court's charges to the jury on reckless driving, speeding, and improper lane change, the denial of their motion for new trial; and the denial of their motions for directed verdict and for j.n.o.v. on punitive damages and attorney fees. Finding no error, we affirm.

Viewed in the light most favorable to the verdict,² the evidence shows that at approximately 7:00 a.m. on July 28, 2005, Middlebrooks, who was driving a pickup truck, traveled north on Maxham Road to its intersection with Salt Springs Place, where he stopped in the left-hand lane to make a left turn. While waiting to turn, Middlebrooks saw Royalston's truck, which was driving south on Maxham Road, switch from the outside to the inside lane. At that moment, Middlebrooks was rear-ended by Davis's car and the front end of his pickup truck was struck forcefully by Royalston's delivery truck. Middlebrooks testified that although he saw Royalston approaching, there was nothing that he could do to avoid the accident, so he kept his foot on the brake and braced for the impact. Middlebrooks did not know whether the rear-end impact pushed him forward or across the centerline, and he did not see Royalston's truck cross the centerline.

Middlebrooks testified that he was extricated from his vehicle after the door and dashboard of his truck were removed by emergency personnel; that he was taken to the hospital, where he lay in traction for ten days; and that he had surgeries on his hip and wrist and remained in the hospital for two months, during which time he learned how to walk again. Middlebrooks had a total of four surgeries, the last of which occurred in January 2009. He also testified that he was planning to have another surgery on his wrist and that one of his legs was now shorter than the other, requiring him to wear a foot insole for the rest of his life.

Royalston testified that he began his employment as a delivery driver with GSC in June 2004; ³ that his first delivery stop was located approximately 15 or 20 minutes from GSC; and that the accident occurred while he was en route to his first stop. Royalston further testified that he had a good view of the northbound traffic approaching as he traveled in the inside southbound lane of Maxham Road; that he did not see Davis rear-end Middlebrooks; that he did not see Middlebrooks's truck until Middlebrooks hit him; and that the impact was such that he thought Middlebrooks was dead. Davis testified that she was responsible for rear-ending Middlebrooks's truck and that she was cited for following too closely, to which she pled guilty.

Antonio Smith testified that he was driving south on Maxham Road behind Royalston's truck for approximately five to six miles before the accident occurred. According to Smith, Royalston was speeding and “going in and out of lanes, going in front of cars, trying to switch over, [and] passing cars.” Smith recalled that Royalston would pull off quickly from each traffic signal on Maxham Road where they had stopped to observe a red light. Smith also saw Royalston move from the outside to the inside lane to pass a car before the accident, and Smith observed that the car Royalston passed when he switched lanes was able to stop to avoid the accident. Smith also testified that as he watched Royalston's truck, he thought to himself that the driver was going to cause an accident.

Thomas Phillip Langley, a traffic accident reconstructionist, testified that based on his investigation of the scene and vehicles involved, he concluded that Davis's car struck the right rear of Middlebrooks's truck, forcing it to rotate into the oncoming lane of travel and move about 20 feet before it stopped; that Royalston's truck, which was 18 feet long and traveling at a speed of 45 to 50 miles per hour, swerved to the right before striking the front end of Middlebrooks's vehicle; and that Royalston could have avoided the collision. Langley opined that based on Middlebrooks's testimony, approximately two to four seconds passed between the time that Middlebrooks was rear-ended and when he saw Royalston's truck coming at him; and that assuming Royalston was traveling the speed limit of 45 miles per hour, he had 3.76 to 5.76 seconds to react, during which time he could have stopped his truck 60 to 200 feet away from Middlebrooks's vehicle.

1. Appellants contend that the trial court erred in denying their motions for directed verdict and for j.n.o.v. because the uncontradicted physical evidence demonstrated that the accident happened suddenly, leaving Royalston no time to avoid the collision. We disagree.

A directed verdict is proper only where there is no conflict in the evidence as to any material issue and the evidence introduced with all reasonable inferences therefrom demands a particular verdict. On appeal, the standard of review of a trial court's denial of a motion for directed verdict is the “any evidence” standard.⁴

“The jurors are the sole and exclusive judges of the weight and credit given the evidence” ⁵ and they decide questions of causation except in palpable, clear, and indisputable cases.⁶ In the instant case, Langley opined that Royalston could have avoided the accident, but he testified on cross-examination that if the only evidence to consider in the case were the physical evidence, it was also possible that Middlebrooks's vehicle could have been pushed into Royalston's path suddenly, leaving Royalston no time to react. However, the jury did not have only the physical evidence to consider. There was also evidence from Smith that Royalston was speeding and driving erratically. Smith also testified that a car that Royalston passed before the accident was able to stop, from which the jury could infer that had Royalston not been speeding or had he been paying attention, he could have avoided the accident as well. In light of this evidence, we cannot conclude a verdict in favor of appellants was demanded. Thus, this enumerated error fails.

2. Appellants argue that the trial court should have excluded Smith's testimony as well as that of Ardella Crawford, Royalston's supervisor. We disagree.

“The admissibility of evidence is a matter which rests largely within the sound discretion of the trial court[,]” ⁷ and “[t]his Court does not re-weigh the evidence before the trial court or judge witness credibility, as these are not appellate court functions.” ⁸ Additionally, any inconsistencies in a witness's testimony affects the credibility of that testimony, which is a matter for the jury's resolution. ⁹

(a) Appellants assert that Smith's testimony was inconsistent and that three specific portions of his testimony should have been excluded: (1) that Royalston was speeding; (2) that Royalston was “weaving”; and (3) that he thought that Royalston was going to cause an accident. “[A] lay witness may express opinions regarding speed ... based upon personal observations.” ¹⁰ Smith did not testify that Royalston was “weaving” but that he repeatedly changed lanes and passed vehicles.

[E]vidence which, in connection with other evidence, tends, however slightly, to prove, explain, or illustrate a fact, even though it is not sufficient, standing alone, to sustain a finding of such fact, is relevant, has probative value and is admissible as against objection as to its relevancy and probative value; doubt as to the latter should be resolved in

favor of admission and against exclusion, sufficiency not being a test or condition of admissibility.¹¹

Smith's testimony about the manner in which Royalston drove was admissible as it tended to prove or illustrate that Royalston was speeding. Finally, a witness may testify as to his impression based upon facts observed by him. ¹² Consequently, Smith's testimony that he thought that Royalston might cause an accident was properly admitted.

(b) Ardella Crawford, Royalston's route supervisor, testified that on the day in question, Royalston had the most routes to complete; that he was angry because she added an additional order to his route; and that he called her a “bitch” and “sped out of the gate,” driving “in a very fast manner.” Appellants argue that because this exchange occurred one hour and forty-five minutes before the collision, the testimony should not have been admitted.

“[W]here the relevancy or competency of evidence is doubtful, it should be admitted and its weight left to the determination of the jury.” ¹³ “[W]e will not overturn the trial court's decision to admit evidence unless there is an abuse of that discretion[,]” ¹⁴ and we find no such abuse here. Moreover, even if Crawford's testimony that Royalston was speeding should have been excluded, the error was harmless in light of other testimony that Royalston was speeding when the accident occurred.¹⁵

3. Next, appellants argue that ...