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Jolly v. Zarella

The trial Court did not abuse its discretion in failing to strike defendant's testimony where the plaintiff did not contemporaneously object.

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Ronald Jolly sued John Zarella alleging that Zarella’s negligence caused an automobile collision between the two.1 Following trial, the jury returned a verdict in Zarella’s favor. Jolly appeals, asserting that the trial court erred in overruling his objection to certain testimony and refusing to give a curative instruction. For reasons that follow, we affirm.

The record shows that, at the time of the collision, Zarella lived in Massachusetts but was driving from Atlanta to Myrtle Beach to visit friends. Following the collision, a police officer issued Zarella a traffic citation for an improper lane change. Zarella subsequently paid the assessed fine without challenging the citation, and on direct examination his attorney asked why he decided to do so:

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