Hershell McDowell1 appeals from the trial court’s denial of his motion for new trial following a jury verdict in favor of Gregory Hartzog and his employer Optimus Solutions, LLC, on McDowell’s claims arising from a traffic accident. Finding no error, we affirm. Where a jury returns a verdict and it has the approval of the trial judge, the same must be affirmed on appeal if there is any evidence to support it as the jurors are the sole and exclusive judges of the weight and credit given the evidence. The appellate court must construe the evidence with every inference and presumption in favor of upholding the verdict, and after judgment, the evidence must be construed to uphold the verdict even where the evidence is in conflict. As long as there is some evidence to support the verdict, the denial of defendant’s motion for directed verdict and new trial will not be disturbed.2 So viewed, the evidence was that, on September 2, 2005, the Friday before Labor Day, around 5:00 p.m., McDowell had just left the hospital in Dalton, Georgia, where his wife had given birth to their daughter. Driving his pickup truck, McDowell proceeded west in the inside lane of four-lane Walnut Avenue, crossed I-75, and approached the traffic light controlling traffic exiting southbound I-75 at Walnut Avenue. As McDowell approached the traffic light, it was red. According to him, he began slowing and saw the light turn green. McDowell acknowledged that the eastbound traffic on Walnut was still stopped as he went through the light. McDowell said a black vehicle then crossed in front of him, causing him to steer to the right, lock his brakes, and skid into an Isuzu Rodeo attempting to turn eastbound onto Walnut from College Avenue. McDowell estimated his speed at the point of impact as 42 or 43 mph, in a 40 mph speed zone. McDowell’s truck left 30 feet of skid marks. Robbie Griggs was a passenger in her husband’s car as they were coming off the southbound I-75 exit onto Walnut Avenue. She did not recall whether they had to stop at the light at the end of the exit, but they turned right onto Walnut Avenue heading toward the next intersection where College Avenue came into Walnut. At that point, Griggs heard brakes squealing and then saw McDowell’s truck come by their car on the driver’s side, with its tires smoking. As the Griggs’ car stopped, she saw McDowell’s truck veer to the right into their lane and strike an Isuzu Rodeo, driven by Hartzog, coming out of College Avenue. According to Griggs, the Rodeo was stopped when it was hit and was approximately halfway across the outside lane of Walnut Avenue.
Victoria Chamberlain, a registered nurse, was a passenger in her mother’s car as they were leaving the Red Lobster on the west side of I-75. As Chamberlain was looking up and down Walnut watching for traffic, she heard the squeal of brakes and saw McDowell’s pickup truck hit Hartzog’s Isuzu. She described the pickup as going very fast. According to her, Hartzog was inching out into the intersection. Chamberlain saw McDowell climb out the window of the door of his pickup truck and walk to the rear of the truck. She went to aid Hartzog, whose car was struck between the driver’s door and the front wheel of the Isuzu.
