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Morris v. Griffin2/23/2005
NOT DESIGNATED FOR PUBLICATION
This is an appeal from a personal injury verdict in favor of appellee, Justin Griffin, and from the denial of appellant Pamela Morris's motion for a new trial. Appellant argues that the trial court erred in not granting a new trial because the jury's verdict was not supported by substantial evidence. She further argues that the trial court erred in refusing to instruct the jury that appellee's guilty plea for failure-to-yield was an admission against him, and in refusing to submit her proposed interrogatory to the jury concerning appellee's negligence. We hold that (a) there was substantial evidence to support the jury verdict; (b) the trial court did not abuse its discretion when it refused to issue appellant's proffered instruction on the evidentiary effect of appellee's guilty plea; and (c) the trial court did not abuse its discretion in refusing to submit appellant's proposed interrogatory. Thus, we affirm on all points.
Appellee struck appellant's vehicle on July 2, 1998, near Osceola, Arkansas, as he attempted to leave a gas station and turn left (east). Appellant was traveling west in the inside lane; an ice truck was traveling west in the outside lane, the lane nearest to appellee. Seeing that the ice truck was turning into the same gas station from which he was exiting, appellee attempted to enter the roadway and turn left. As he did, the front fender of his Ford Explorer truck struck appellant's vehicle, a Chevrolet, on the passenger side, causing approximately $7500 in damage to the middle of the vehicle and the back passenger fender.
Appellant testified that she saw appellee before he pulled out, and that he was looking away from her (west). She testified that she sped up when she saw appellee entering the roadway to avoid having him hit her "head on;" she also testified that she may have hit her brakes. When appellee struck her vehicle, she felt "a real hard bump on the back of my car" or a "hard hit" and heard a "metal scratching." Her vehicle was knocked sideways and into the gas station parking lot.
Appellee was twenty-five years of age at the time of the accident and described himself as an "experienced driver." He admitted at trial that the accident occurred when he struck appellant's car, that appellant was driving properly, and that she had the right of way. Appellee further admitted that he received a citation for failure-to-yield and that he pled guilty to the charge. However, he denied that he failed to keep a proper lookout. Appellee said that if he had known the truck was blocking his view of appellant's vehicle, he would not have attempted to enter the roadway. He maintained that he looked both ways before entering the roadway, but did not see appellant because the ice truck obstructed his vision, and that he did not see her until his vehicle hit hers.
Appellee characterized the accident as a "scraping kind of accident." According to him, the impact did not "really jolt" the truck; the airbags in his vehicle did not deploy; and he was wearing his seatbelt but the seatbelt did not jerk him. Appellee's wife, who was with him when the accident occurred, also testified, stating that she did not see appellant's car until the impact. She said that she was not "thrown about," that she did not hit her head, and that the air bags did not deploy. Neither appellee nor his wife sustained any injuries from the accident.
Brian Jones, the investigating officer, testified that the accident occurred because appellee failed to yield the right-of-way to appellant, in violation of Arkansas Code Annotated ยง 27-51-603 (Repl. 1994). He stated that he issued appellee a citation for failure to yield the rig
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