In this personal injury action, Ashten Glover sued Kevin Kennebeck, alleging that he suffered serious injuries arising from an automobile accident caused by Kennebeck’s negligence. A jury returned a verdict in Glover’s favor, and the trial court entered judgment against Kennebeck. Kennebeck appeals, arguing that the trial court erred in i admitting a police officer’s testimony as to the ultimate issue of negligence, ii admitting testimony that Kennebeck appeared to have been under the influence of alcohol at the time of the accident despite the pleadings and pretrial order containing no such allegations, and iii allowing Glover’s counsel to make improper closing arguments regarding pain-and-suffering damages. For the reasons set forth below, we affirm. Construed in favor of the jury’s verdict, see Timmons v. Cook ,1 the record shows that in the early morning hours of April 23, 2004, Glover an Airman in the United States Air Force and several of his Air Force friends left a nightclub in Macon to return to their base in Warner Robins. With Glover driving one vehicle and some of his friends following in another, the group proceeded down a two-lane road, with a 35 mph speed limit, for a few minutes before Glover realized that they had missed the turn that led back toward the interstate highway. Looking for a place to turn around, Glover noticed an apartment complex on the opposite side of the road, which had a turn lane leading into its entrance. Glover slowed his vehicle, checked his rear-view mirror for traffic, and activated his turn signal, indicating his intention to make a u-turn using part of the apartment complex’s turn lane. As he began making the u-turn, Glover’s vehicle was struck by a vehicle driven by Kennebeck, who had been traveling at a rate between 45 and 55 mph in the same direction as Glover and his friends and was attempting to pass them on the left. As a result of the collision, Glover suffered serious injuries.
Glover sued Kennebeck, alleging that the collision was caused by Kennebeck’s negligent operation of his vehicle. At trial, Glover and two of his friends testified regarding the accident and Glover’s injuries. In addition, Glover submitted into evidence the deposition testimony of the police officer who investigated the accident. Kennebeck also testified as to how the accident occurred. At the trial’s conclusion, the jury rendered a verdict in favor of Glover and awarded him $62,500 in damages. The next day, the trial court issued a judgment on the jury’s verdict and award. This appeal followed.
