Bruce v. Hancock

374 S.W.3d 138, 2010 Ark. App. 171, 2010 Ark. App. LEXIS 152
CourtCourt of Appeals of Arkansas
DecidedFebruary 17, 2010
DocketNo. CA 08-739
StatusPublished
Cited by5 cases

This text of 374 S.W.3d 138 (Bruce v. Hancock) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bruce v. Hancock, 374 S.W.3d 138, 2010 Ark. App. 171, 2010 Ark. App. LEXIS 152 (Ark. Ct. App. 2010).

Opinion

WAYMOND M. BROWN, Judge.

| jThis case arises from a multi-vehicle accident in Greene County, Arkansas. The four appellees, who occupied one vehicle, sued two other motorists, appellants Bobbie Bruce and Ronnie Rice, for negligence, alleging that Bruce, Rice, and Rice’s employer, appellant Boyd Brothers Transportation Co., were responsible for appellees’ damages. Following a trial, the jury found no negligence on the part of Boyd Brothers and Rice and assigned 100% of the fault to Bruce. However, the jury awarded no damages to appellees. Appellees moved for a new trial on grounds that the verdict was too small and clearly against the preponderance of the evidence. The circuit court granted a new trial and appellants appeal from that order. We affirm.

|20n December 31, 2003, appellee Floyd Hancock was driving a Ford SUV with three passengers — his wife, appellee Marlene Hancock; his sister, appellee Patricia Runyan; and his nephew, appellee Wesley Runyan. The SUV was third in a line of northbound cars crossing the Cache River bridge on a two-lane highway. Just beyond the bridge, the first car in line stopped to turn left, awaiting the passage of oncoming traffic. The second car also stopped as did appellees’ SUV. The next vehicle in line, although there is some dispute as to this, was a red van occupied by a Mr. and Mrs. Jarrett, and it apparently came to a stop as well. Behind the stopped vehicles were a blue van driven by appellant Bobbie Bruce, and an eighteen-wheel log truck driven by appellant Ronnie Rice for Boyd Brothers Transportation Co. The Bruce and Rice vehicles did not stop in time and crashed into the line of cars.

The only detailed descriptions of the accident came from Bruce and Rice. Bruce testified that she never saw the Jarretts’ van and that she was behind appellees’ SUV at all pertinent times. She said that, when she was approximately two car lengths from appellees, she noticed that their vehicle had stopped, although she did not see any tail lights. Bruce stated that she slammed on her brakes and was immediately hit by Rice, who was tailgating her. She explained that Rice’s truck hit her once, causing her to collide with appellees’ SUV, then hit her again and knocked her into the bridge railing.

Rice gave a different account of the accident. He said that his vision was partially obscured by a line of trees as he rounded a curve heading for the bridge. According to him, he was approximately 100 feet away from the line of cars when he saw the Bruce vehicle | ¡¡crash into the rear of the Jarretts’ van, which was stopped behind appellees’ SUV. Rice testified that he hit his brakes and, once the oncoming lane was clear, steered his truck there in an attempt to avoid the accident. In doing so, Rice said, he clipped the rear of Bruce’s van with his right front fender, causing Bruce’s van to spin and the Jar-retts’ van to become airborne and go over the bridge railing. Rice denied tailgating Bruce and said that he would not merely have clipped the back corner of her van if he had been following her that closely. He blamed Bruce for causing the accident.

Appellees were unaware of what was happening behind them. They testified that they felt one or two slight bumps, followed by a much larger impact. Trooper Charles Rowe, who investigated the accident, testified that conditions were clear and dry and that appellees’ vehicle sustained significant damage in the rear. Rowe provided photographs of the scene, which showed that Bruce’s vehicle had come to rest with its back end against the back of appellees’ SUV; that the Jarretts’ van was in the ravine beside the bridge railing; and that there was damage to the front right fender of Rice’s truck.1

Immediately following the accident, Marlene Hancock’s brother, Keith Blassin-gain, drove all of the appellees to the emergency room. Hospital personnel examined appellees and released them, but appellees later claimed that they developed various injuries. As a result, appellees brought this lawsuit against appellants. The parties tried the case to a jury in November 2007.

14At trial, witnesses testified to the events surrounding the accident, as set forth above. The parties also devoted considerable time to appellees’ claims for damages. The subject arose first during opening statements, where the Hancocks’ counsel asked the jury to award at least $250,000 and the Runyans’ counsel requested a lesser amount.2 The attorney for Rice and Boyd Brothers did not dismiss the likelihood of a damage award, stating that the Hancocks were “likely entitled to compensation, based on the damages that they can prove were caused by this accident” and that the Runyans were “obviously without fault” and “clearly entitled to compensation, once you determine who is responsible.”

During the presentation of evidence, Trooper Rowe testified that, according to his report, none of the appellees professed injury at the scene. Additionally, Ronnie Rice testified that he spoke to appellees at the scene and they indicated that they were fine. However, Keith Blassingain testified that, when he drove appellees to the emergency room, Floyd Hancock acted as though he was in “a lot of pain” and that Marlene Hancock was “very nervous and upset.”

Floyd testified that his lower back was burning and stinging when he arrived at the emergency room but that the doctors released him and told him that he was just sore. A day or two later, he said, he had back pain, swelling, trouble walking, and trouble getting out of bed. He returned to the emergency room, complaining of low back pain and tingling in his left thigh, and came home with crutches and Ibuprofen. Thereafter, Floyd stated, he suffered |fifrom back problems so severe that he could not keep up with his lawn care business or his rental properties, could not participate in his customary leisure activities, and often cried from the pain. His testimony was corroborated by Marlene and by a neighbor, Lisa Davies. Floyd subsequently underwent back surgery in March 2004 on the recommendation of Dr. Robert Abraham. Dr. Abraham testified that Floyd had a herniated disc, which most likely was caused by the accident. Floyd presented a claim for medical bills in the amount of $22,737.23.

Floyd acknowledged that fourteen months prior to the accident, he presented to another medical-care provider with low back pain and trouble walking, and that six months after the accident, he was in another car wreck. However, he stated that the prior back pain was treated, causing him no further problems, and that the latter accident caused pain that was different from what he experienced in the present accident. Marlene essentially corroborated Floyd’s testimony. Dr. Abraham, who had been unaware of Floyd’s prior back complaints, agreed that the records of those complaints reflected many of the same symptoms for which he treated Floyd after the accident. However, the doctor still opined that the accident was the likely cause of Floyd’s difficulties.

Marlene Hancock testified that she had chest tightness and shoulder pain after the accident and thought she was having a heart attack. She said that her blood pressure was elevated at the emergency room, which the records bore out, but that she was released. Marlene said that she later began experiencing pain in her right shoulder, for which she received massage therapy and chiropractic care.

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Cite This Page — Counsel Stack

Bluebook (online)
374 S.W.3d 138, 2010 Ark. App. 171, 2010 Ark. App. LEXIS 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bruce-v-hancock-arkctapp-2010.