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Barnett v. Farmer

The trial court erred in admitting testimony as to the plaintiffs' reputation for truthfulness because their character for truthfulness had not been attacked and their claim did not involve the general character of the parties.

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Following a motor vehicle collision, Willie Farmer and Shirley Farmer sued Madison Childs Barnett for personal injuries and loss of consortium. A Bibb County jury awarded $171,063.29 to Willie and $340,702.01 to Shirley; the jury did not award either plaintiff damages for loss of consortium. Barnett appeals in Case No. A10A1680, arguing that the trial court erred by 1 excusing a juror for cause during the trial; 2 improperly charging the jury; 3 admitting improper character evidence; 4 denying Barnett’s motion for directed verdict as to Willie’s claim for damages for future surgery; and 5 admitting a particular exhibit without the proper foundation. The Farmers appeal in Case No. A101683, arguing that the trial court erred by denying their motion to excuse a juror and that the verdict awarding nothing to them on their claims for loss of consortium was contrary to the evidence. For the reasons that follow, we reverse. Viewed in favor of the verdict,1 the evidence shows that on June 11, 2006, Barnett’s vehicle collided with the Farmers’ vehicle at an intersection in Bibb County.2 Both the Farmers and Barnett claimed that the traffic light was green in their respective direction as they proceeded through the intersection. The Farmers, who were injured, brought a negligence action against Barnett, and a Bibb County jury awarded monetary damages to the Farmers on each of their claims, excluding loss of consortium, and the trial court entered a judgment in accord with the verdict. These appeals followed.

A10A1680

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