Vaapuu v. American Samoa Government
Vaapuu v. American Samoa Government
Opinion of the Court
OPINION AND ORDER
Procedural History
On September 3, 1996, appellant Epa Vaapuu (“Appellant”) was cited for Careless Driving Causing Property Damage (A.S.C.A. § 22. 0701).
After the District Court denied Appellant’s Motion for New Trial, Appellant timely filed his Notice of Appeal with this Court on January 9, 1997. Oral argument was heard on Febmary 11, 1999.
Discussion
Appellant presents two issues on appeal: 1) whether the District Court erred in making a finding contrary to the evidence submitted at trial; and 2) whether the District Court erred in allowing an excluded witness to testify as to substantive matters.
This Court has jurisdiction over this case upon appeal based upon a stenographic record pursuant to A.S.C.A. § 3.0309. On appeal, the trial court’s findings of fact are reviewed for clear error. A.S.C.A. § 46.2403(b).
Under A.S.C.A. § 22.0101, the term “highway” is defined as “ . . . the entire width between the boundary lines of every publicly maintained way . . . “ Appellant argues that because the testimony at trial and the photographs admitted into evidence indicate the point of impact between the two vehicles could have occurred on the paved portion of the highway, the District Court’s holding that the speed of Appellant’s vehicle caused him to leave the “road” and strike obliquely another vehicle on the side of the roadway was contrary to the weight of the evidence.
After carefully reviewing all of the testimony and exhibits on file in this matter, we do not find the District Court’s findings of relevant facts to be clearly erroneous. The point of impact occurred outside of the solid white line delineating the width of the highway. Regardless of whether or not the 10 feet long skid marks by Appellant’s vehicle were made by the right or left front tires of his vehicle, at least a portion of his vehicle was outside of the “highway” when the other vehicle was struck. Both Appellant and Appellee agree that the point of impact occurred outside of Appellant’s lane as marked by the solid white line painted on the pavement some 12-16 inches from the (gravel) shoulder of the roadway. The District Court’s findings of fact, therefore, were not clearly erroneous.
Conclusion
For the reasons stated above, the judgment appealed from will be AFFIRMED,
It is so Ordered.
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