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Redmond v. Breakfield3/25/2003
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: AFFIRMED - 03/25/2003
. Troy Redmond brought suit against J.D. Breakfield and Rita K. Jackson for damages resulting from an automobile accident that occurred in Covington County on December 5, 1996. Redmond sued on behalf of himself and his daughter, Allagra Redmond, both of whom were in Redmond's vehicle at the time of the accident. Redmond alleged that Breakfield was negligent in the operation of truck and that his negligence caused the accident and the resulting injuries to Redmond and his daughter. Redmond's claim against Rita Jackson was based on the fact that she was the owner of the truck driven by Breakfield and on an allegation of negligent entrustment.
. Although the record is not entirely clear on the matter, it appears that the claim against Jackson was resolved prior to trial and the case proceeded to trial solely against Breakfield. The jury returned a verdict in Breakfield's favor. Redmond has now appealed from this adverse verdict and asserts three issues; namely, (a) that the jury's verdict was against the weight of the evidence, (b) that the trial court erred in refusing to permit the jury to consider the official police report of the accident, and (c) that the trial judge erred by instructing the jury on the issue of whether Redmond was driving at an excessive rate of speed at the time of the accident. We find no merit in any of these issues and affirm.
. We observe that, though originally represented by counsel, Redmond ultimately proceeded to represent himself at trial and appears pro se in this appeal. While it is beyond dispute that a litigant such as Redmond has the right to represent himself in a civil action such as this, we have serious reservations regarding the propriety of Redmond serving as counsel for his daughter at trial. That issue, however, appears to have been rendered moot by the fact that there is no indication in this record that an attempt was made to perfect an appeal on behalf of the daughter.
. The motor vehicle accident forming the basis for this suit occurred at the intersection of Highways 35 and 49. Breakfield was in the process of returning from Choctaw County to his home in Covington County in a newly-purchased truck intended for use in his business. He was traveling on Highway 35 which ran in a generally east and west direction at the point in Covington County where it intersected with Highway 49. Redmond was traveling north on 49 in the process of returning from a trip to New Orleans to pick up his daughter for a visit. There is no dispute that Highway 49 was the through highway at the intersection and that Breakfield, in approaching the intersection on Highway 35, was faced with a stop sign requiring him to stop before attempting to cross over Highway 49 and continue on his way.
. The only witnesses testifying to the circumstances of the accident were Redmond and Breakfield. Redmond claimed that he was traveling at or below the legal speed limit when Breakfield unexpectedly drove his truck into the intersection. Redmond testified that, at the point that Breakfield entered the intersection, it was impossible for him to avoid a collision and that he swerved to the left in the belief that hitting Breakfield's truck on an angle would minimize any possible injury to himself and his daughter. Breakfield, for his part, testified that he came to a complete stop at the stop sign and looked for oncoming traffic before entering the intersection. He claimed to have seen no traffic coming from the south before beginning to cross Highway 49 and said he had only the briefest advance warning before Redmond's vehicle struck him. There was tes
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