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Thomas v. Kite
Citations: 424 S.E.2d 305; 206 Ga. App. 80; 92 Fulton County D. Rep. 2480; 1992 Ga. App. LEXIS 1409Docket: A92A1459
Court: Court of Appeals of Georgia; October 20, 1992; Georgia; State Appellate Court
Jimmy Thomas sued Nancy Kite for personal injuries sustained when the vehicle in which he was a passenger was rear-ended by Kite's car. The jury ruled in favor of Kite, prompting Thomas to appeal on multiple grounds, including the denial of his motion for directed verdict on liability, the sufficiency of the evidence supporting the verdict, and specific jury instructions. The evidence revealed that Kite glanced away from the road to look at a flower seller and failed to notice that traffic had stopped ahead of her. Despite applying her brakes, she could not avoid colliding with the rear of Thomas's vehicle. The court found that Kite's admission of not keeping her eyes on the road constituted negligence. There was no evidence suggesting that the driver of Thomas's vehicle was at fault, that the accident was unavoidable, or that it resulted from an unforeseen cause. The appellate court concluded that the trial court erred in denying Thomas's motion for a directed verdict on liability, emphasizing that a driver must maintain a diligent lookout and cannot assume the road is clear. The case was remanded for a new trial limited to the issue of damages. Consequently, the other errors raised by Thomas were deemed moot. The judgment was reversed, with Judges Carley and Pope concurring.