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Cox v. Allen

The lack of factual evidence supporting part of an expert's hypothetical opinion goes to the opinion's weight, not its admissibility.

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On May 21, 2001, judgment was entered for the defendant, Evelyn Allen, and against the plaintiff, Jamie R. Cox, on her personal injury action, which was tried to a verdict. Finding no error of law, we affirm.

On May 27, 1999, Evelyn House Allen was driving in a southerly direction on Tift County Road Number 424, a dirt road, and approached the stop sign for the intersection of County Road Number 159, a paved road. Allen turned left onto Road 159 in an easterly direction and brought her Cadillac four-door sedan to a momentary stop diagonally across the road after entering the intersection. Jamie Cox was drivingly westerly on Road 159, approaching the intersection. When Cox was several hundred feet from the intersection, Allen made a left turn in front of her and stopped momentarily diagonally across her path. Cox swerved onto the other side of the road into the eastbound lane and braked. Allen completed her turn into the eastbound lane; the vehicles collided head-on. Allen received a traffic citation for failure to yield the right-of-way and entered a plea of guilty to this charge. Cox filed this personal injury action.

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