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Howard v. Lay

The trial court did not err in excluding evidence of a traffic citation and bond forfeiture for failure to yield where the defendant testified that she was unconscious after the accident, was unaware that a citation was issued and that her husband paid the fine while she was recuperating.

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Plaintiffs Janice and Benjamin Howard1 appeal from the denial of their motion for new trial following a jury verdict in favor of the defendant, Sandra Lay, in this personal injury case. For the following reasons, we affirm.

The evidence presented at trial, viewed in favor of the jury’s verdict,2 showed that before dawn on September 28, 1998, Janice Howard was driving on Kelly Chapel Road in Decatur. Lay made a right hand turn onto Kelly Chapel Road from a side road after stopping at a stop sign. Lay testified that she looked for but did not see any headlights of approaching cars. As Lay made the right turn, Howard’s vehicle struck Lay’s truck on the driver’s side. Both vehicles suffered major damage and both drivers were taken to the hospital. Howard sued Lay for injuries resulting from the collision.

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