170 Ga. App. 177 | Ga. Ct. App. | 1984
This is a tort case arising out of a collision of automobiles occurring at an intersection of streets in which the traffic was controlled by traffic lights.
Plaintiffs (the driver and her passenger in one automobile) contend they were driving northerly on Piedmont Road in Atlanta, Georgia, and entered the Piedmont-Pharr Road intersection on a green left turn arrow in anticipation of making a left turn but waited to make the turn as the arrow had turned yellow. As soon as the light controlling the southbound traffic turned red, she proceeded to cross the southbound lane. At that point in time the defendant, driving south on Piedmont Road, ran the red light, striking plaintiffs’ automobile in the right side from which they suffered injuries.
Defendant, however, contends plaintiff driver turned left into his path as he proceeded south with a green light and thus failed to yield the right-of-way by turning left in front of him.
At the trial both parties submitted testimony in support of their positions, in substance, as set forth above. A jury verdict and judgment was returned in favor of the defendant, and plaintiffs appeal enumerating as error the refusal to give a written request to charge allegedly taken from Lindsay v. Duvall, 122 Ga. App. 613 (1) (178 SE2d 312). Held:
Judgment reversed.