Labon v. Dudley
Labon v. Dudley
Opinion of the Court
Plaintiff-appellants Labon, mother and minor daughter, appeal the denial of their motion for new trial made on the general grounds from a verdict in favor of defendant-appellee Dudley in an action for damages arising from a vehicular collision. Held:
The evidence showed that the appellant mother was driving on an interstate highway in Atlanta with her daughter, when her car was struck twice in the rear by another vehicle causing her car to spin out of control and strike a guardrail. The mother did not see enough of the vehicle which struck her to describe it. When her car came to rest, she saw a Cadillac automobile completely turned around and against a guardrail some car lengths back up the highway and assumed it was
This evidence presented an issue of credibility which was resolved by the jury in favor of defendant. The evidence is sufficient to support the verdict.
“Where the trial court has approved the verdict, the sole question for determination by the appellate court on review is whether there is any evidence sufficient to authorize it. [Cits.] The jury having weighed the evidence and made its determination, the trial court did not err in denying the motion for new trial...” Brooks v. Ralston Purina Co., 155 Ga. App. 164 (3), 166-7 (270 SE2d 347).
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.