Pepper v. Pickens

431 S.W.2d 247, 245 Ark. 111, 1968 Ark. LEXIS 1166
CourtSupreme Court of Arkansas
DecidedSeptember 9, 1968
Docket4627
StatusPublished

This text of 431 S.W.2d 247 (Pepper v. Pickens) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pepper v. Pickens, 431 S.W.2d 247, 245 Ark. 111, 1968 Ark. LEXIS 1166 (Ark. 1968).

Opinion

J. Fred Jones, Justice.

Daisy Pickens brought suit against Stanton A. Pepper in Mississippi County Circuit Court, Chiekasawba District, for personal injuries and property damage growing out of an automobile collision under a traffic light at the intersection of Tenth Street and Chiekasawba Avenue in Blytheville, Arkansas. Pepper filed a counter-claim for damage to his automobile. A jury trial resulted in a verdict and judgment thereon, in favor of Daisy Pickens for $5,000, and on appeal to this court Petter relies upon the following points for reversal or modification:

“1. The verdict of the jury, in the amount of $5,000.00, is entirely without basis in evidence, and is excessive to the point to shock the conscience of the court; and the court erred in failing to grant a new trial or to order a remittitur.
“2. The verdict was against the law.
“3. The verdict was against the evidence.
“4. The verdict was against both the law and the evidence.
“5. The verdict was not sustained by sufficient evidence.
“6. The verdict was clearly against the preponderance of the evidence.”

Point 1 includes the others and is the only point argued by the appellant. The facts, as to liability, must be gleaned from the conflicting evidence that usually attends an intersection collision. Both parties to the action contend that the other ran the red light.

Pickens testified that she had started home from work and that the light was green when she drove into the intersection on Tenth Street; that Pepper entered the intersection on Chickasawba Avenue at a high speed, and in violation of the traffic signal, ran the front of his automobile into the side of her automobile.

Pepper testified that he was driving slowly on Chickasawba Avenue waiting for the traffic light at Tenth Street to turn green; that when the light did change to green he drove into the intersection and seeing the Pickens automobile bearing down upon him in the middle of Tenth Street, he locked all the wheels on his automobile and was stopped when the side of the Pickens automobile struck the front of his automobile and damaged it.

The physical evidence is undisputed that the impact damage was to the side of the Pickens automobile and to the front of the Pepper automobile. It was stipulated between the parties at the trial, that the damage to the Pepper automobile amounted to $412.52, and the damage to the Pickens automobile amounted to $745.00.

Mary Ocheltree testified that she was driving a pickup truck behind the Pepper automobile and saw him run the red light and strike the Pickens automobile. She testified that Mr. Pepper left the scene of the accident and that she followed him, took his license number, and reported the accident to the police.

Mr. Pepper testified that he had started across Tenth Street enronte to a tractor agency to purchase some tractor parts, but the impact of the collision forced the radiator of his automobile into the fan and the screeching noise occasioned thereby, together with the fact that he couldn’t open the doors of his automobile, irritated and un-nerved him to the extent that he turned on Tenth Street, drove several blocks, turned again and drove his automobile home. He testified that he intended to report the accident to the police, but that before he got around to calling the police, the police called him.

Three sisters, who had a friend living on Pepper’s farm, testified that they were in an automobile on Tenth Street waiting for the light at the intersection to change from red to green; that Pickens was driving her automobile in the center of Tenth Street meeting them, and that before the lig'ht changed to green, Pickens drove her automobile into the intersection in violation of the traffic signal and collided with the Pepper automobile.

The jury chose to believe Pickens and her witness, and the jury verdict on liability is sustained by substantial evidence.

Appellant argues that he is 69 years of age and has a wide reputation in Mississippi County for driving fast and powerful racing automobiles, and that the jury was prejudiced by this reputation and by the fact that he left the scene of the accident. We find nothing in the record to indicate such prejudice. Appellant’s reputation was not alluded to during the trial, he admitted that he left the scene of the accident, and there is nothing in the record to indicate that the jury was not satisfied with his explanation.

Appellant points out that appellee had had twenty-three childbirths and was not in good health prior to the accident. The appellee’s testimony is not disputed that she was 58 years of age at the time of trial; that the last of her twenty-three childbirths occurred when she was 42 years of age, and that she had never suffered any disability prior to the accident except during the twenty-three childbirths by her first marriage. Appellee’s testimony is uncontradicted that high blood pressure was the only known physical impairment she suffered prior to the accident and that her high blood pressure did not prevent her from picking and chopping cotton in season and earning $5.00 per day at housework during most days of every week prior to the collision. She was regularly employed at general housework for nine months immediately prior to the collision. Appellee’s ability to work at gainful employment prior to the collision is not questioned.

Now, as to appellee’s injuries and her physical condition following the collision: Appellee testified that she was knocked down in her automobile and bleeding, she says she was numb, and following the advice of the police, she went to see Dr. Elliott, who was unable to see her that day but told her to return the next day. She then continues:

“Q. Daisy, what was your condition the day after the accident, as far as how you felt?
A. I began getting sore and coming back to life. Stayed kind’a numb, felt like I was froze all night. After he sent me to get x-rays, told me to go home, take the medicine. I went home, that night I had some kind of a spell. I thought I was dying. Looked like something snatching me, taking my breath. I got scared then. Up to then I wasn’t too worried, till I had the spell.
Q. What happened when you had the spell?
A. Looked like I was sick, going to die, breath leaving me. I sat up late, wondering what was going to happen. I said to myself, ‘This don’t stop, going to die.’ Looked like, cutting my breath off. I hurt underneath my shoulder blade and my neck ivas hurting.
Q. The night after the collision?
A. Yes, sir.
Q. Did you go back to see the doctor?
A. I took, went to Dr. Utley.
Q. Went to see Dr. Utley?
A. Yes, sir.
Q. Remember what day you went to see Dr. Utley?

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431 S.W.2d 247, 245 Ark. 111, 1968 Ark. LEXIS 1166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pepper-v-pickens-ark-1968.