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Beckett v. Monroe

A police diagram of a rear-end collision was admissible based on the defendant's testimony that the diagram was substantially accurate.

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James Monroe’s vehicle rear-ended that of Virginia Beckett, damaging her vehicle and allegedly injuring her. In the trial of Beckett’s tort suit against Monroe, the jury found for Monroe, apparently concluding that Beckett’s negligence equaled or exceeded any negligence of Monroe. Beckett appeals, enumerating as error the admission of a police diagram and the denial of her motion for new trial. We affirm: Monroe’s testimony that the diagram was accurate authorized its admission, and under the “any evidence” standard of review, the court did not abuse its discretion in denying the motion for new trial.

Construed in favor of the verdict, the evidence showed that on a clear afternoon, Beckett stopped at a yield sign as she was waiting to turn right from an intersecting street onto Bobby Jones Boulevard. Monroe waited behind her. A traffic light also monitored traffic at this intersection. After the light changed to green, Beckett proceeded forward past the yield sign about one or two car lengths until she was driving parallel to Bobby Jones Boulevard in the access lane. As Monroe glanced over his left shoulder to ensure no cars were coming, he accelerated, when suddenly Beckett stopped her vehicle to recheck traffic traffic was clear proceeding on Bobby Jones Boulevard. Monroe’s vehicle struck Beckett’s vehicle from behind, allegedly causing severe injury to Beckett’s shoulder.

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