Teague v. Adams
Teague v. Adams
Opinion
Sandra Lynne Teague appeals from a judgment based on a directed verdict entered in favor of James Adams, doing business as Dixieland Motors. Because Mrs. Teague submitted substantial evidence to support her cause of action, we reverse and remand.
While Mrs. Teague was test-driving a used vehicle owned by Dixieland Motors ("Dixieland"), the vehicle began to shake and pull to one side, eventually leaving the road and crashing into a tree at the bottom of an embankment. Mrs. Teague and her son, Seavie Teague, were injured in the one-car accident. The Teagues sued, alleging that Adams, the owner of Dixieland Motors, had negligently or wantonly allowed Mrs. Teague to drive an unsafe vehicle. The trial court directed a verdict against the Teagues at the close of their case. The Teagues appeal.
A directed verdict is proper (1) where the nonmoving party has failed to present substantial evidence regarding some element essential to her claim, or (2) where there is no disputed issue of fact upon which reasonable persons could differ.1 Rule 50(a), Ala.R.Civ.P.; John R. Cowley Bros., Inc.v. Brown,
Whether the trial court erred in entering the directed verdict "is tested by a purely objective determination of whether the party having the burden of proof has produced [sufficient] evidence [to create a factual dispute] requiring resolution by the jury." Ex parte Oliver,
The substance of the plaintiffs' case was that a mechanical defect in the engine, worn shock absorbers, a badly worn tire, and possibly other problems related to the car, caused it to go off the road. Mrs. Teague testified that, although she was driving no faster than 45 miles per hour, the car began "shaking real, real bad" and pulling to one side, that she thought she had no control over the car, and that the car pulled her off the road. When Mrs. Teague tried to steer the car back onto the road, the car crossed the roadway and went down an embankment, striking a tree.
The credibility of Mrs. Teague's testimony was a matter for the jury to determine. "The credibility of a witness, and the weight which such witness's testimony is to be accorded, are to be determined by the jury, as are any inconsistencies or contradictions in his testimony." Mahan v. State,
Mrs. Teague's testimony created a question of fact as to whether the accident was caused by a mechanical problem. Because the Teagues produced substantial evidence creating a factual dispute that should have been put before the jury, the trial court erred in directing a verdict for the defendants. Therefore, we reverse the judgment and remand the cause to the trial court for proceedings consistent with this opinion.
REVERSED AND REMANDED.
HORNSBY, C.J., and ALMON, HOUSTON, INGRAM and COOK, JJ., concur.
MADDOX, J., dissents.
Reference
- Full Case Name
- Sandra Lynne Teague v. James Adams, Individually and D/B/A Dixieland Motors.
- Cited By
- 17 cases
- Status
- Published