Graham v. Fallick
322 Ga. App. 525
Ga. Ct. App.2013Background
- Grahams sued Fallick and Adair Construction for a collision at a four-way stop.
- Evidence showed the vehicles may have arrived at the intersection at approximately the same time.
- Trial court instructed the jury that the left-yield-to-right rule does not apply at four-way stop intersections.
- The Grahams objected and sought charges on OCGA § 40-6-70 and negligence per se; the court denied.
- The officer testified about competing versions; the court ultimately reversed, holding the trial court erred in its instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the right-of-way rule applies at four-way stops | Grahams: OCGA § 40-6-70 applies to four-way stops. | Fallick/Adair: rule does not apply at four-way stops. | Rule applies at four-way stops. |
| Whether the trial court erred in giving an incorrect jury instruction | Grahams contended the instruction misstated law. | Fallick/Adair argued flexibility or non-applicability. | Instruction was erroneous and reversible. |
| Whether trial court should have given OCGA § 40-6-70 and negligence per se charges | Grahams requested correct charges on right-of-way. | Duty to yield was not clearly supported by facts. | Charges should have been given. |
Key Cases Cited
- City of Atlanta v. City of College Park, 292 Ga. 741 (2013) (statutory construction construes right-of-way rules consistently with terms)
- Action Sound v. Dept. of Transp., 265 Ga. App. 616 (2004) (misstating law on right-of-way is reversible error)
- Humphreys v. Kipfmiller, 237 Ga. App. 572 (1999) (harmonize related statutes to avoid absurd results)
- Ramos-Silva v. State Farm Mut. Ins. Co., 300 Ga. App. 699 (2009) (all related statutes should be construed together and harmonized)
- Taylor v. State, 272 Ga. 744 (2000) (correct law charged if pertinent and not covered by other instructions)
- Edmond v. Roberson, 207 Ga. App. 101 (1993) (trial court error in refusing negligence per se instruction when supported by evidence)
- Schriever v. Maddox, 259 Ga. App. 558 (2003) (presumption of prejudice where instructional error exists)