Franklin v. Hennrich

395 S.E.2d 859, 196 Ga. App. 372, 1990 Ga. App. LEXIS 919
CourtCourt of Appeals of Georgia
DecidedJune 25, 1990
DocketA90A0677
StatusPublished
Cited by12 cases

This text of 395 S.E.2d 859 (Franklin v. Hennrich) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Franklin v. Hennrich, 395 S.E.2d 859, 196 Ga. App. 372, 1990 Ga. App. LEXIS 919 (Ga. Ct. App. 1990).

Opinions

Sognier, Judge.

Reba Franklin and James C. Franklin brought suit against Jeffrey Lewis Hennrich and Sarah Heydrick seeking damages for pain and suffering and loss of consortium incurred as the result of an automobile collision between Reba Franklin and Heydrick. The jury returned a verdict in favor of the defendants, and the Franklins appeal.

1. Appellants enumerate the denial of their motion for new trial on the general grounds. The evidence at trial established that the collision occurred at the intersection of North Church Street and West Walker Street in Thomaston, Georgia. North Church Street is one way heading south with three lanes, the easternmost lane being reserved for parking. Traffic on North Church crests a small hill just before the intersection with West Walker. A stop sign at the intersection controls the east-west traffic on West Walker, but there is no stop sign for southbound traffic on North Church Street.

On the date in issue, appellee Hennrich had parked the tractor trailer truck he was driving in the parking lane on North Church Street with the emergency flashing lights activated. The evidence is uncontroverted that he was properly within the parking lane and was not infringing on the yellow curb, which maintained an eleven foot strip from the North Church Street parking area to the intersection with West Walker. A second tractor trailer truck, not involved in the case sub judice, was parked directly behind Hennrich’s. Hennrich testified that before leaving the truck he checked to make sure it was properly parked. He stated he did not know he was obstructing the vision of vehicles entering the intersection from the east side of West Walker.

Appellee Heydrick testified that she was travelling west on West Walker with another vehicle behind her. The evidence is uncontroverted that she came to a stop in accordance with the stop sign at the intersection, but due to the presence of the tractor trailer trucks she could not see the oncoming traffic heading south into the intersection [373]*373on North Church. Due to the vehicle behind her Heydrick could not back away from the intersection. Heydrick testified that she “eased out” into the intersection. She could not see the top of the hill and did not see the automobile driven by appellant Reba Franklin. Franklin’s car collided with the passenger side of Heydrick’s car, and the force of the impact propelled Heydrick’s car back into Hennrich’s tractor trailer truck, leaving 15 feet of skid marks.

Tom Wilkins testified that minutes before the accident he had approached the intersection in his vehicle from the same direction as Heydrick, but upon realizing the view was obstructed, he had been able to back up and drive through the parking lot of the adjacent restaurant and thus avoid the intersection. He testified he saw the collision occur and saw Heydrick’s vehicle “pull just far enough beyond the trucks” for the other automobile to hit it.

Appellant Reba Franklin testified that she was driving in the westernmost lane on North Church Street travelling 35 to 37 miles per hour on dry pavement. She did not see and testified she had no reason to notice the 116 feet of tractor trailer trucks parked two lanes to her left. She stated she did not see Heydrick’s vehicle, that “ [a]ll of a sudden it was there.” She slammed on her brakes as hard as she could, leaving 27 feet of skid marks on the road. The automobiles collided in the middle of the intersection in appellant’s (westernmost) lane. Appellant was propelled into the dashboard where she injured her head and hurt her knees, aggravating a pre-existing osteoarthritic condition.

“On appeal, we do not weigh evidence, for the jury has already done that; and once the jury has done so, every inference and construction in the evidence is indulged in favor of the verdict so as to uphold it. [Cits.]” Pointer v. Cooley, 191 Ga. App. 548 (1) (382 SE2d 359) (1989). From the evidence adduced at trial, a jury reasonably could have determined that appellee Hennrich had non-negligently parked his truck and that appellee Heydrick had entered the obstructed intersection using all due caution, but that appellant Reba Franklin had approached the intersection without due regard to the vision difficulties posed by the properly parked trucks and had failed to observe Heydrick’s vehicle entering the intersection. From the skid marks left by the automobiles and the resting position of Heydrick’s vehicle (two lanes opposite from the direction she was travelling), the jury could have determined that the speed of appellant Reba Franklin’s vehicle exceeded the safe speed proper for the intersection in question under the circumstances presented.

“ ‘This court will not disturb a judgment when there is any evidence to sustain it, in the absence of a material error of law. [Cit.] If the verdict is wholly without supporting evidence, it will be set aside, but where the evidence is in conflict and a properly instructed jury [374]*374resolves the conflicts against the plaintiff, and that decision is approved by the trial judge and is supported by the evidence of record, this court, in the absence of material errors of law, will affirm. [Cit.] The trial court did not err [by] denying [appellants’] motion for new trial.’ [Cits.]” Weathers v. Foote & Davies Transport Co., 189 Ga. App. 134, 135 (1) (375 SE2d 97) (1988).

2. Appellants enumerate three errors in the charge of the court.

(a) Appellants contend the trial court erred by charging the jury on sudden emergency. “ ‘The doctrine of sudden emergency refers only to those acts which occur immediately following the apprehension of the danger or crisis and before there is time for careful reflection. (Cit.) The rule of sudden emergency is that one who in a sudden emergency acts according to his best judgment or, because of want of time in which to form a judgment, acts in the most judicious manner, is not chargeable with negligence. (Cits.)’ [Cit.] ‘An emergency is a “sudden peril caused by circumstances in which the defendant did not participate and which offered him a choice of conduct without time for thought so that negligence in his choice might be attributable not to lack of care but to lack of time to assess the situation.” (Cit.)’ . . . [Cit.]” Luke v. Spicer, 194 Ga. App. 183-, 184 (3) (390 SE2d 267) (1990).

The evidence established that when appellee Heydrick arrived at the intersection, she discovered she could not see the oncoming traffic on North Church Street from her position at the stop sign because the tractor trailer trucks blocked her view. Her testimony reflects that she apprehended the danger or peril posed by this obstruction of the intersection. However, at that moment another vehicle drove up behind her, so she could not retreat from the intersection or approach it from another direction, as had Wilkins. Although arguably Heydrick could have chosen not to enter the intersection, thereby forcing the vehicle behind her either to back up or go around her stationary vehicle, she chose under the circumstances to proceed and to attempt to avoid the danger or peril posed by the obscured view of traffic entering the intersection by easing out past the trucks. She testified she “got hit before I could see anything” and acknowledged she had realized that she was taking a “chance.”

“Whether an emergency existed or not, that issue, like all questions of diligence, negligence, contributory negligence and proximate cause except in plain and indisputable cases, was a question for determination by the jury.

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Franklin v. Hennrich
395 S.E.2d 859 (Court of Appeals of Georgia, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
395 S.E.2d 859, 196 Ga. App. 372, 1990 Ga. App. LEXIS 919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-v-hennrich-gactapp-1990.