Lias v. Flowers
| Docket Number: | 2004-CA-02459-COA Linked Case(s): 2004-CA-02459-COA2004-CT-02459-SCT |
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| Oral Argument: | 05-11-2006 | |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-22-2006 Opinion Author: ROBERTS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wrongful death - Speed - Sounding of horn - Section 63-7-65(1) - Reasonable care Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., SOUTHWICK, CHANDLER, GRIFFIS, BARNES AND ISHEE, JJ. Dissenting Author : IRVING, J. Procedural History: Motion for Directed Verdict Nature of the Case: CIVIL - WRONGFUL DEATH |
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| Trial Court: |
Date of Trial Judgment: 09-01-2004 Appealed from: Coahoma County Circuit Court Judge: Larry O. Lewis Disposition: TRIAL COURT GRANTED DEFENDANT’S MOTION FOR A DIRECTED VERDICT Case Number: 14-CI-02-0133-LOL |
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| Party Name: | Attorney Name: | |||
| Appellant: | RICHARD LIAS, ADMINISTRATOR AND NATURAL SON AND HEIR OF THE ESTATE OF CHARLIE
LIAS, DECEASED, AND ON BEHALF OF ALL OTHER WRONGFUL DEATH BENEFICIARIES AND HEIRS OF THE ESTATE |
DEREK D. HOPSON, PHILLIP J. BROOKINS, WILLIAM WALKER |
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| Appellee: | GAY B. FLOWERS | WILLIAM C. GRIFFIN, FRANCES R. SHIELDS, JULIETTE V. WILSON |
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| Topic: | Wrongful death - Speed - Sounding of horn - Section 63-7-65(1) - Reasonable care |
| Summary of the Facts: | While operating a riding lawnmower, Chris Lias collided with an automobile operated by Gay Flowers. Richard Lias filed a wrongful death action on Charlie Lias’s behalf. The court granted Flowers’ motion for directed verdict at the close of Richard’s case-in-chief, and Richard appeals. |
| Summary of Opinion Analysis: | Richard argues that he presented evidence that created a question of fact over which reasonable jurors could disagree including that Flowers’ speed contributed to the accident, that Flowers did not sound her horn properly, and that Flowers did not use reasonable care in passing Mr. Lias. Assuming that Flowers was going forty miles per hour, there is nothing about her speed that indicates that she did not keep a proper lookout over Mr. Lias. Instead, all the evidence shows that Mr. Lias made an unexpected sudden U-turn into the side of Flowers’ car. A party must demonstrate that the speeding caused the accident. Richard has failed to demonstrate just how Flowers’ speed contributed to Mr. Lias’ U-turn into the side of her car. With regard to Richard’s argument concerning the horn, section 63-7-65(1) requires the sounding of a horn when reasonably necessary to insure safe operation. There is no indication that, prior to Mr. Lias’s unexpected spontaneous U-turn, there was a reasonable need for Flowers to sound her horn. Moreover, there was no evidence that Flowers hit Mr. Lias. With regard to his final argument concerning reasonable care, Flowers testified that she slowed down and eased over when she saw Mr. Lias. That testimony indicates that Flowers kept a reasonable and proper lookout. |
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