Courson v. Chandler
Docket: 75-161
Court: Supreme Court of Arkansas; December 1, 1975; Arkansas; State Supreme Court
Leo Chandler filed a personal injury lawsuit after colliding with a vehicle driven by Tressie Lytal, who later died from unrelated causes. The jury awarded Chandler $10,000 in damages. The appellant raised four points for reversal, which were addressed as follows: 1. The trial court correctly prohibited references to Lytal’s lack of liability insurance, as it was irrelevant to the case. Such evidence could unfairly bias the jury, and the absence of any indication of insurance protection means this ruling was appropriate. 2. The court provided an instruction (AMI 901) about a driver’s duty to maintain a lookout, control their vehicle, and drive at a reasonable speed. The appellant argued this instruction was abstract due to the lack of evidence that Lytal was speeding or out of control. However, the court found the instruction relevant to Chandler’s driving, and since it did not confuse the jury regarding Lytal’s actions, no prejudicial error occurred. 3. The appellant's objection to the plaintiff’s closing arguments regarding the heirs of Lytal's estate came too late for the court to address adequately. The court noted that timely objections are necessary to allow for proper jury instructions. 4. The $10,000 award was deemed not excessive. Evidence indicated that Chandler continued to suffer from anxiety and physical injuries related to the accident, including visible trembling and ongoing medical treatment. The jury's observation of Chandler's condition supported the award, which the court found reasonable and not influenced by passion or prejudice. The appellate court affirmed the jury's verdict and the trial court’s rulings.