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Jackman v. Nicholson3/29/2001
APPEAL from the Franklin County Court of Common Pleas.
On May 14, 1998, plaintiff, Carol J. Jackman, filed a complaint in the Franklin County Court of Common Pleas against defendant, Sarah Nicholson. The complaint resulted from an automobile accident which occurred on May 1, 1997, at the intersection of Dublin Road and Grandview Avenue in Franklin County, Ohio, and alleged damages for personal injury based upon defendant's negligence in the operation of her automobile. Defendant filed an answer denying the allegations of the complaint and included a counterclaim alleging personal injury based upon plaintiff's negligence in the operation of her automobile. After defendant's claims were settled, the trial court dismissed her counterclaim with prejudice. Plaintiff was later granted leave to amend her complaint to include a loss of consortium claim on behalf of her husband, Craig Jackman. In February 2000, the trial court granted the motion to intervene filed by plaintiff's insurer, Community Insurance Company.
The case was birfurcated as to liability and damages. The liability phase was tried to a jury over three days beginning February 7, 2000. At trial, plaintiff testified that at approximately 5:45 p.m. on May 1, 1997, she was traveling westbound in the center lane of Dublin Road. As she approached the intersection of Dublin Road and Grandview Avenue, she noticed two cars turning northbound onto Grandview Avenue from eastbound Dublin Road. After those cars cleared the intersection, she entered the intersection as the traffic signal changed from green to yellow. Once in the intersection, plaintiff noticed defendant's vehicle in the left turn lane of eastbound Dublin Road. Plaintiff assumed that since she was already in the intersection, defendant would not turn northbound onto Grandview Avenue until plaintiff was through the intersection. Defendant, however, commenced her turn while plaintiff was still in the intersection and subsequently struck plaintiff's vehicle.
Richard McGinnis, a traffic engineer, testified as an expert witness on behalf of plaintiff. McGinnis testified that when the signal was green for eastbound Dublin Road traffic, it was also green for traffic traveling westbound on Dublin Road. McGinnis, however, offered no opinion as to the color of the traffic signal at the time of the collision.
Defendant testified that just prior to the collision, she was behind two vehicles in the left turn lane of eastbound Dublin Road. As the two vehicles ahead of her turned left onto northbound Grandview Avenue, she moved into the intersection. At the time she entered the intersection, the traffic signal was green. After the westbound Dublin Road traffic cleared, defendant initiated a left turn onto Grandview Avenue. As she made the turn, her vehicle was struck by plaintiff's vehicle as it traveled westbound on Dublin Road. Defendant testified that she did not see plaintiff's vehicle coming toward her when she began her turn onto Grandview Avenue. She further testified that she last looked at the traffic signal as she entered the intersection and did not notice the color of the signal when she initiated the turn. She testified, however, that prior to making the turn, she noticed that the traffic directly opposite her in the left turn lane of westbound Dublin Road had stopped.
William Gross, an eyewitness to the accident, testified on behalf of defendant. Gross testified that he was traveling westbound on Dublin Road at approximately 5:45 p.m. on May 1, 1997, approaching the intersection of Grandview Avenue. As the traffic signal changed from yellow to red, he slowed to stop his vehicle. According to Gross, the vehicle directly ahead of him, wh
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