321 Ga. App. 507
Ga. Ct. App.2013Background
- Burdette appeals after a defense verdict in a March 2003 interstate collision sequence on I-20 in rainy Columbia County.
- Burdette, driving a Mazda Miata eastbound in the right lane, followed a blue-cab tractor-trailer; another tractor-trailer was to his left.
- Disputes focus on whether Graves (left lane) moved into Burdette’s lane versus Graves claiming he was stopped, and Horne’s account of Graves’s statements.
- The lead collision involved the Graves truck and a left-lane box truck; Burdette swerved to the emergency lane and struck a tanker that had pulled in there.
- The tanker driver allegedly did not use emergency warning triangles, and Burdette sustained severe, permanent injuries.
- Burdette challenged admission of a police diagram and argued the jury should have been instructed differently and that jurors should have been polled after verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the diagram was admissible as hearsay | Burdette | Burdette | No preservation; not preserved on hearsay grounds |
| Whether the trial court erred in not giving Burdette’s jury instruction on forfeiture | Burdette’s forfeiture theory should trigger additional instruction | Charge already encompassed the issue and was correct | No error; charge accurate and complete |
| Whether the trial court abused discretion by denying polling of the jury | Civil juries should be polled to ensure unanimity | Polling is discretionary; no showing of abuse | No abuse; discretion properly exercised |
Key Cases Cited
- Slade v. State, 287 Ga. App. 34 (Ga. App. 2007) (preservation requires specific grounds at trial)
- Edwards v. State, 282 Ga. 259 (Ga. 2007) (preservation of objections for specific grounds)
- Harrison v. State, 309 Ga. App. 454 (Ga. App. 2011) (review of jury instruction sufficiency on appeal)
- Coleman v. Fortner, 260 Ga. App. 373 (Ga. App. 2003) (refusal to give requested instruction; sufficiency of charge)
- Peavey v. Crawford, 192 Ga. 371 (Ga. 1941) (discretionary nature of polling in civil cases)
- Bell v. Hutchings, 86 Ga. 562 (Ga. 1881) (polling civil juries discretionary; need good reason)