Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Clemmons v. Smith

Plaintiff assumed the risk of injury when he parked his car in the left lane of a busy highway just past a blind curve.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Joseph Clemmons appeals a defense verdict in favor of Nickie Smith, whom Clemmons sued for injuries he received when he jumped from a bridge to avoid being hit by a car. Clemmons contends the trial court erred in excluding collateral source evidence, in charging the jury on assumption of the risk, and in refusing to charge the jury on the driver’s duty to maintain a proper lookout. For the following reasons, we affirm.

Viewed in the light most favorable to support the jury’s verdict, the evidence shows that at about 8:45 a.m. on March 21, 1997, Clemmons was driving along Highway 247, a six-lane highway divided by a grassy median, when he saw several tires fall off the back of a pick-up truck and into the far left lane of southbound lanes of travel. Clemmons stopped his car, picked up the tires, and then drove ahead to where the driver of the truck had stopped. According to the pick-up truck driver, Daniel Henderson, and an investigating police officer, Henderson parked his truck on the left shoulder of the southbound side of the highway. Clemmons, however, parked his car in the middle of the left lane. Clemmons testified that he stopped there because Henderson’s truck was protruding into and blocking the roadway, and because he wanted to protect Henderson from being hit by oncoming traffic. Henderson testified, however, that he was not blocking the left lane and that no tires remained in the roadway. Although the evidence on this point was disputed, the jury was authorized to infer that nothing prevented Clemmons from parking completely off the roadway.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Client Services/Hospitality Representative - Florida Office

CLIENT SERVICES/Hospitality REPRESENTATIVE-FLORIDA OFFICE Prominent mid-Atlantic law firm with multiple regional office locations seeks a f...


Apply Now ›
Legal Practice Assistant - Florida Office

Prominent mid-Atlantic law firm with multiple regional office locations seeks a legal practice assistant (LPA) for our Boca Raton, FL. Offic...


Apply Now ›
Litigation Associate - Philadelphia, PA

Description: Fox Rothschild has an opening in the Philadelphia, PA office for a litigation associate. The ideal candidate will have two to t...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements