 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Mickens v. Robinson5/21/1991
Plaintiff brings forward six assignments of error for our review. Assignments of error 2 and 6 are not argued in her brief and are therefore deemed abandoned. N.C.R. App. P. Rule 28. She contends that the trial court erred in admitting certain testimony from Officer John Turner, in awarding attorney's fees to defendant, and in failing to set aside the verdict as excessive in light of the evidence and order a new trial. We find no error.
{PA}
Page 55} Officer Turner was called as plaintiff's first witness. His testimony revealed that he investigated the accident, arriving on the scene within a few minutes of the collision. He testified in detail as to what he found at the scene, including testimony tending to show that defendant's vehicle ran into plaintiff's vehicle in the intersection, but he made no reference to the stoplight other than that there was one in operation at the intersection. Questions and answers on direct show clearly that Officer Turner was either referring to or reading from his accident report prepared as a result of his investigation.
On cross-examination of Officer Turner, the following exchange took place:
Q. Officer Turner, in the course of your investigation, did you make a factual determination as to the cause of the accident?
Mr. Molitoris: Objection.
Court: Repeat the question, please, sir.
Q. All right. During and after your investigation, did you make a factual determination as to the cause of the accident?
Mr. Molitoris: Objection.
Court: Overruled.
A. Yes, sir.
Q. And what was the cause of the accident?
Mr. Molitoris: Objection.
Court: Overruled.
Mr. Molitoris: May I be heard on that?
Court: Approach the bench. (Counsel approach the bench.)
Court: The objection is overruled.
Mr. Drew: May I approach the witness, Your Honor?
Court: Yes, sir.
Q. Officer Turner, do you have a copy of your accident report with you?
A. Yes, sir. I do.
Q. Did you make a notation as to the results of your investigation, your conclusions as to the cause of the accident on your accident report?
A. Yes, sir. I did.
Q. Would you please read that to the jury?
Mr. Molitoris: Objection.
Court: Overruled.
A. I'd like to clarify. Do you want me to read what I've got described as what happened?
Q. Please.
A. Okay. I said, "Vehicle #1 traveling east on West Sixth Street failed to stop for a red light and was involved in an accident with Vehicle #2 traveling north on Main Street. Account given. . . .
Mr. Molitoris: Objection.
Court: Your objection is noted. It is overruled. I will give you a line objection as to anything pertaining to this information.
A. (continuing) "Account given by disinterested witness."
Mr. Molitoris: Motion to strike.
Court: Denied.
On redirect, the following took place:
Q. You, of course, personally did not observe this collision?
A. No, sir.
Q. And you don't know how or why it occurred?
Mr. Drew: Objection, Your Honor. He's testified how and why it occurred.
Court: Overruled.
Q. Officer, you don't know how or why this collision occurred, do you? Of your own knowledge.
A. Of my own knowledge? No. Not other than my investigation.
Q. And your investigation indicated that Vehicle
Page 1 2 3 North Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|