Pulliam v. State
309 Ga. App. 477
Ga. Ct. App.2011Background
- Pulliam was convicted by a jury of leaving the scene resulting in serious injury (felony) and leaving the scene resulting in damage (misdemeanor).
- On March 2, 2007, Pulliam’s truck collided with Moss after running a stop sign; Moss was seriously injured and trapped.
- Pulliam left the scene within about three minutes and did not render assistance or exchange information.
- Moss testified to injuries including broken ribs and a punctured lung; trial showed Moss hospitalized for days and eight months of recovery.
- Pulliam challenged Moss’s injury testimony, challenged the felony indictment’s sufficiency, and sought a directed verdict—claims rejected on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Moss’s injury testimony | Moss, as a lay witness, cannot give medical opinions on injuries. | Victims can testify about their injuries; medical opinions by lay witnesses may be admissible. | Admissibility affirmed; lay testimony on injuries permitted and harmless error shown by overwhelming evidence. |
| Sufficiency of Count 1 (felony) indictment | Count 1 failed to describe injuries and proximate cause with specificity—fatally defective. | Indictment adequately alleged an accident resulting in serious injury and proximate cause under OCGA 40-6-270. | Count 1 sufficient; indictment put Pulliam on notice and tracked the statute’s elements. |
| Directed verdict | Evidence did not support guilt beyond a reasonable doubt. | Evidence, viewed in the light most favorable to the state, supports guilt beyond reasonable doubt. | Denial of directed verdict affirmed; evidence sufficient to sustain verdict. |
Key Cases Cited
- London v. State, 289 Ga.App. 17, 656 S.E.2d 180 (Ga. App. 2007) (standard for admissibility and sufficiency.)
- Watson v. State, 301 Ga.App. 824, 689 S.E.2d 104 (Ga. App. 2009) (victim may testify to injuries in assault cases.)
- Ferrell v. State, 283 Ga.App. 471, 641 S.E.2d 658 (Ga. App. 2007) (victim testimony on injuries is admissible; medical opinion not required.)
- Jones v. State, 294 Ga.App. 564, 566(2), 669 S.E.2d 505 (Ga. App. 2008) (victim credibility and medical opinion considerations.)
- Hovis v. State, 260 Ga.App. 278, 281(1)(a), 582 S.E.2d 127 (Ga. App. 2003) (limits on medical opinion testimony by lay witnesses.)
- Manning v. State, 231 Ga.App. 584, 585(2), 499 S.E.2d 650 (Ga. App. 1998) (admission of medical records and overwhelming guilt.)
- Harridge v. State, 243 Ga.App. 658, 664(5), 534 S.E.2d 113 (Ga. App. 2000) (indictment sufficiency standard.)