Bryant v. McAlister
Docket: 5-5101
Court: Supreme Court of Arkansas; December 22, 1969; Arkansas; State Supreme Court
Lyle Brown, Justice, presided over a case involving a collision at an intersection between a vehicle driven by Deborah McAlister and another driven by Anna M. Bryant. The McAlisters received a judgment for personal injuries and property damage, prompting Mrs. Bryant to appeal. She claimed entitlement to a directed verdict and argued that the court erred by not providing jury instructions regarding the McAlisters' measure of damages. The accident occurred in February 1967 in Russellville during mid-afternoon at an uncontrolled intersection. The only eyewitnesses were the drivers, whose accounts were brief. Deborah McAlister, driving east on a paved M Street, stated she approached the intersection at 18 miles per hour, looked both ways, and entered without seeing any traffic. She described the Bryant vehicle as suddenly appearing in front of her, leading to the collision. Mrs. Bryant, a bookkeeper, testified that she entered the intersection after looking both ways and traveling at 20 to 30 miles per hour, though she slowed down when she noticed a muddy hole on the road. She acknowledged that she did not see the McAlister vehicle until the moment of impact. An investigating officer confirmed that the intersection was uncontrolled, noted no skid marks before the collision, and believed the McAlister car struck the Bryant vehicle in the southeast quadrant, which was Mrs. Bryant's lane. The court found sufficient evidence for the jury to conclude that Mrs. Bryant may have been negligent by entering the intersection at an unreasonable speed and failing to maintain a proper lookout. The jury could also have determined that while Deborah McAlister could have been more vigilant, her negligence did not exceed that of Mrs. Bryant. The jury awarded damages that were significantly less than requested. Mrs. Bryant's appeal regarding the lack of jury instructions on damages was dismissed due to the absence of any referenced instructions in the trial record. The court upheld that the evidence supported the jury's verdicts and, ultimately, affirmed the lower court's decision.