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Hathcock v. Wood3/16/2001
upholstery business. Defense counsel, who had previously made a motion in limine to exclude all testimony as to the Woods' poverty, properly objected to Mrs. Wood's statement.
The trial court entered a judgment as a matter of law ("JML") in favor of Hathcock on the wantonness claim, but submitted the negligence claim to the jury. The jury returned a verdict in favor of the Woods, awarding them $600,000 for Mr. Wood's physical injuries, mental anguish, and lost earnings and $200,000 for Mrs. Wood's physical injuries and the loss of consortium of her husband. Hathcock moved for a remittitur or, alternatively, for a new trial. The court conducted a hearing on the motion and then denied it. The court entered a judgment on the verdict. This appeal followed.
II. Analysis
Hathcock first argues that the trial court erred in not entering a JML for him on the Woods' negligence claim because, he says, he did not breach a duty of care. He contends that he was driving at a safe speed and was following the vehicle in front of him at a lawful distance, but that he was nevertheless unable to see that the Woods' vehicle was stopping, because his view of its brake lights was obstructed by the vehicle between the Woods and Hathcock.
The standard by which we review an appeal from a ruling on a motion for a JML is materially indistinguishable from the standard by which we review a summary judgment. Simply, this standard is "`whether the nonmoving party has presented substantial evidence in support of his position.'" Norfolk So. Ry. v. Bradley, [Ms. 1990022, June 2, 2000] __ So. 2d __, __ (Ala. 2000) (quoting K.S. v. Carr, 618 So. 2d 707, 713 (Ala. 1993)). Evidence is "substantial" only if it is "of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Fla., 547 So. 2d 870, 871 (Ala. 1989). A JML should be entered only when "there is a complete absence of proof on a material issue or where there are no disputed questions of fact for the jury to determine." Norfolk So., supra, __ So. 2d at __ (quoting K.S. Carr, 618 So. 2d at 713). In determining whether material questions of fact exist, the court must view the evidence presented at trial in a light most favorable to the nonmoving party. Given that principle, we must resolve all factual disputes in favor of the Woods.
Hathcock relies, in part, on Tinsley v. Henderson, 613 So. 2d 1268 (Ala. 1993). In that case, Henderson was driving down a two-lane road, at a speed below the legal limit, when his truck struck and killed Timothy Tinsley, as Timothy was riding his bicycle. Timothy's parents sued Henderson, claiming that he had negligently or wantonly caused the accident. This Court affirmed a summary judgment in Henderson's favor, holding that the Tinsleys had failed to present substantial evidence indicating that Henderson's actions were not reasonably prudent. Tinsley, 613 So. 2d at 1271.
This present case is distinguishable from Tinsley, because Hathcock could reasonably have expected that the vehicles traveling in front of him could suddenly slow down or stop at any time; indeed, slowing down or stopping is part of the nature of traffic on a two-lane road. Thus, while Hathcock claims he was confronted with "a sudden emergency not of his making," he was not presented with an unexpected emergency as Henderson was in Tinsley. The jury could reasonably infer from the evidence that Hathcock breached a duty of care by not anticipating that the vehicles he was following might stop. See Martin v. Arnold, 643 So. 2d 564, 567 (Ala. 1994) ("a motorist is negligent if he fails to discov
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