Carter v. Lambert

435 S.E.2d 403, 246 Va. 309, 10 Va. Law Rep. 300, 1993 Va. LEXIS 112
CourtSupreme Court of Virginia
DecidedSeptember 17, 1993
DocketRecord 921969
StatusPublished
Cited by19 cases

This text of 435 S.E.2d 403 (Carter v. Lambert) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carter v. Lambert, 435 S.E.2d 403, 246 Va. 309, 10 Va. Law Rep. 300, 1993 Va. LEXIS 112 (Va. 1993).

Opinions

JUSTICE KEENAN

delivered the opinion of the Court.

The sole question in this personal injury action is whether the trial court erred in setting aside the jury’s verdict for the plaintiff and in entering judgment for the defendant.

This action arose out of a motor vehicle accident that occurred on September 8, 1989, about 4:15 a.m., on State Route 3 in Westmoreland County. The relevant portion of Route 3 is a two-lane paved highway with two solid yellow lines marking the center of the road. The posted speed limit is 55 miles per hour.

The plaintiff, Darryl M. Carter, along with several other passengers, was proceeding north on Route 3 in a commuter van driven by George Taylor, who was killed in the accident. The defendant, [311]*311Christy L. Lambert, was driving her automobile in the southbound lane of Route 3. A pickup truck, driven by an unidentified man, was traveling south in front of Lambert’s car. Following behind Lambert’s vehicle was a car driven by Janet Nash. There were no other vehicles on this part of Route 3 at the time of the accident.

The evidence is in conflict as to how the accident occurred; however, there is no dispute that the van left Route 3 and landed on its roof on adjacent property owned by Monroe Self. As a result of the accident, Carter sustained injuries that are the subject of this action.

Carter filed a motion for judgment against the administrator of Taylor’s estate, Lambert, and John Doe. At trial, Carter presented the testimony of five other passengers in the van. Thomas W. Bailey testified that, just before the accident, he saw two cars approaching side by side, heading directly toward the van. After the van crashed, Bailey crawled out and went back to Route 3 to look for help but saw no one in either direction.

Melvin Butler testified that he saw two cars, side by side, approaching the van in the oncoming direction. One vehicle appeared to be passing the other; the car on the right was in the van’s lane of travel. Butler also saw a vehicle driving some distance behind the two approaching vehicles.

Wanda D. Parker testified that she saw two sets of headlights approaching the van, and that one of the vehicles was attempting to pass the other. She stated that one set of headlights was coming straight toward the van.

Ellen R. Baker testified that she saw bright lights coming toward the van. She testified that the lights appeared to be directly in front of the van, causing the van to swerve to the right. Sandra A. Henry testified that she saw the headlights of two vehicles, one behind the other, coming toward them.

Carter testified that he saw two oncoming sets of headlights, approaching side by side. He testified that the set of headlights on the left was brighter and higher than the set on the right. Carter testified that the van swerved to the right and seemed to turn in midair before he lost consciousness.

Monroe Self testified that he was inside his house, with the windows closed, when he heard a noise “like a big bust of thunder,” followed by people screaming. He went outside to render assistance while his wife called the rescue squad.

State Trooper Timothy A. Hatcher investigated the accident and found the van overturned in Monroe Self’s yard. Hatcher testified [312]*312that the tire marks he found indicated that the van first had gone off the road to the right, then had returned to the road and swerved to the left, and finally had driven off the right shoulder of the road.

Hatcher also testified that he found a piece of a car’s mirror on the road. He examined Lambert’s car and found damage to the driver’s side of the vehicle, including the side mirror. Lambert told Hatcher that the van struck her car, after which she pulled her vehicle over to the side of the road. However, Hatcher found no marks on the gravel shoulder of the road indicating that any vehicle had pulled over in this manner.

Carter also called Lambert as a witness. Lambert testified that, on the morning of the accident, she was driving to Warsaw to catch a bus to go to work. She testified that she was traveling at approximately 45 miles per hour and that there was a truck proceeding in front of her. Lambert also testified that a car driven by Nash, her coworker, was traveling behind her.

Lambert testified that she noticed the van when it swerved into her lane, causing the pickup truck ahead of her to go off the road. She further testified that the van returned to its lane but crossed over into her lane again, sideswiping the driver’s side of her car. Lambert stated that, at the time the driver began to lose control of the van, the pickup truck was in its proper lane and was not trying to pass any vehicle. She also testified that no vehicle was attempting to pass the truck.

Lambert further testified that, after sideswiping her car, the van went back to its lane of travel. She stated that she looked in her rear view mirror and could not see the van’s lights. She then pulled her car to the side of the road. At that time, her car’s right tires were on the gravel shoulder.

Lambert testified that the pickup truck also pulled off the road, and that two men got out of the truck and came over to see if she was hurt. After determining that she was not injured, they returned to the truck and drove away, without leaving their names.

Lambert also testified that Nash stopped her vehicle and walked over to talk to her. Lambert stated that she and Nash stood alongside the road for approximately 5 or 10 minutes and that they did not hear any people screaming. Lambert then drove to the bus stop and called her boyfriend but did not call the police. She testified that she and Nash did not discuss the accident while waiting for the bus, while riding on the bus, during work, or on the bus ride home. Nash’s testimony corroborated Lambert’s version of the events.

[313]*313On cross-examination, when confronted with her deposition testimony that she had been driving at a speed of 55 miles per hour at the time of the accident, Lambert replied that she had not understood the question asked at the deposition. The question was: “Approximately how fast had you and the pickup truck been traveling during that time?”

Terry H. Dunaway, who drove the bus Lambert and Nash had ridden to work that day, testified that Lambert told her about the accident and stated that she had seen the lights of the van go over “like in the ditch.” Another bus passenger, Peggy Carter, testified that Lambert said that “she saw the lights of the van go up in the air two or three times.”

Before submitting the case to the jury, at Carter’s request, the trial court reduced the amount sued for to $45,000. The jury returned a verdict for defendants Taylor and Doe and against Lambert for $58,500. Lambert renewed her motion to strike the evidence and moved to set aside the jury’s verdict. The trial court ruled that, as a matter of law, the evidence failed to establish that Lambert was guilty of negligence that was the proximate cause of the accident. The trial court sustained Lambert’s motions and entered judgment in her favor. This appeal followed.

Carter argues that the trial court erred in setting aside the jury’s verdict because it is supported by credible evidence. In reviewing the evidence, we first note that well-settled principles govern the trial court’s authority to set aside a jury’s verdict. In Lane v. Scott, 220 Va.

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Carter v. Lambert
435 S.E.2d 403 (Supreme Court of Virginia, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
435 S.E.2d 403, 246 Va. 309, 10 Va. Law Rep. 300, 1993 Va. LEXIS 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-lambert-va-1993.