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3 years ago
01/13/2017, 16:01 PM
ALABAMA COURT OF CIVIL APPEALS REVERSES ORDER GRANTING
NEW TRIAL IN AUTO ACCIDENT TRIAL Valerie A. Taylor
Lindsey V. Wheeler
December 16, 2016 Plaintiff and defendant were involved in a car wreck whereby defendant’s car struck the rear end of plaintiff’s car allegedly causing plaintiff to suffer personal injury. Defendant asserted the defense of sudden emergency, and claimed that she did not have enough time to stop her car before colliding with plaintiff’s car. A jury trial was conducted and verdict was returned in favor of the defendant. Plaintiff filed a motion for a new trial which was granted, and defendant appealed.
The parties gave conflicting testimony with regards to the events leading up to the car wreck. Plaintiff did not clearly remember the accident, but testified that she was in a heavy amount of traffic, and that she was completely stopped when the car wreck occurred. Defendant testified in her deposition that plaintiff was stopped when she saw her break lights, but testified in trial that the plaintiff stopped in an emergency fashion.
The Alabama Court of Civil Appeals determined that there was enough evidence to support the jury’s determination of fact that defendant had not engaged in negligent conduct, and determined that the trial court abused its discretion in ordering a new trial. The trial court’s order granting a new trial was reversed.