Barnett v. Lauderdale County Bd. Of Supervisors
| Docket Number: | 2003-CA-01457-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-24-2004 Opinion Author: King, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Failure to keep proper lookout Judge(s) Concurring: Bridges, P.J., Lee, Myers, Chandler and Griffis, JJ. Non Participating Judge(s): Irving and Barnes, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 06-02-2003 Appealed from: Lauderdale County Circuit Court Judge: Robert Bailey Disposition: THE SOLE PROXIMATE CAUSE OF THE ACCIDENT WAS THE EXCESSIVE SPEED AND FAILURE TO KEEP A PROPER LOOKOUT BY PLAINTIFF, ALONDA BARNETT. JUDGMENT FOR DEFENDANTS. Case Number: 02-CV-095B |
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| Party Name: | Attorney Name: | |||
| Appellant: | Alonda Barnett and Tangela Gordon, by and through Her Mother and Next Friend, Miriam Gordon |
GRACE WATTS MITTS
THOMAS L. TULLOS |
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| Appellee: | Lauderdale County Board of Supervisors and Charles E. Houston | J. RICHARD BARRY MICHAEL WAYNE STRAHAN |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Personal injury - Failure to keep proper lookout |
| Summary of the Facts: | Alonda Barnett and Tangela Gordon filed a complaint against the Lauderdale County Board of Supervisors and Charles Houston, alleging that Houston was driving a county owned motor grader down Highway 11, when he made a sudden left turn and collided with Barnett’s automobile as she was attempting to pass. The judge found that the proximate cause of the accident was Barnett’s excessive speed and failure to keep a proper lookout and entered judgment for the defendants. Barnett and Gordon appeal. |
| Summary of Opinion Analysis: | Barnett argues that the court erred by not finding that Houston failed to maintain a proper lookout. There is a duty to maintain a proper lookout for vehicles in the rear to ascertain their location before executing a left hand turn to ensure that the turn can be made with reasonable safety. While a driver must make an appropriate signal by hand or other signal device before executing a turn, a motor grader is exempted from the requirement of a mechanical turn signal. Two witnesses who were in a car following about two to three car lengths behind Barnett testified at trial. The passenger of the car testified that Barnett pulled out into the left lane before Houston began making his left turn while the driver testified that Barnett pulled out into the left lane after Houston began making his left turn. An expert witness in the field of accident reconstruction corroborated the testimony of the driver. In bench trials, where the trier of fact is the judge, he or she has the sole authority to judge the credibility of witnesses. In the testimony of the witnesses, there was substantial evidence to support the finding of the judge in this case. |
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