Jones v. Seagroves
Jones v. Seagroves
Opinion of the Court
Plaintiff’s mother testified that her daughter was conscious when she was found lying on the highway and that “she stayed conscious until they picked her up and put her in the ambulance and then she went in a coma.” In answer to further questions on direct examination, to which no objections were made, this witness then testified that plaintiff was not conscious after she got in the ambulance, that she remained unconcious about two months, and that she was taken by ambulance to the Lee County Hospital. When it developed from the witness’s answer to the next question that she had not gone in the ambulance with her daughter, defendant’s counsel moved to strike her testimony “as to what happened in the ambulance.” The court allowed the motion and instructed the jury to “disregard the testimony of this witness as it relates to what’s transpired and what was said in her testimony as to her observations of the plaintiff, Mary Jones, after she was placed in the ambulance.” This instruction is the subject of appellant’s first assignment of error. Appellant contends that the court’s ruling was so broad that it resulted in excluding “competent,
After defendant testified and rested, plaintiff called one of the deputy sheriffs in rebuttal. This witness testified: When he stopped defendant on the highway, the deputy got out of the patrol car and walked up beside defendant’s car. Defendant was lowering the window. At that point another car, going south, pulled up just beyond the witness, partially in front of and partially even with defendant’s car. The driver of this car, who was then approximately six to eight feet from the defendant, said something in a loud voice, which the deputy, who was two or three feet from the defendant, had no difficulty in hearing. The court sustained defendant’s objection as to what the man in the car said. If permitted to answer, the witness would have testified that the man in the car said to him: “There is a woman laying in the highway just up the road,” and when the witness asked him how far, the man said “about a half a mile.” The exclusion of this testimony is the subject of appellant’s second assignment of error.
If “the assertion of any person, other than that of the witness himself in his present testimony, is offered to prove the truth of the matter asserted, the evidence so offered is hearsay. If offered for any other purpose, it is not hearsay.” Stansbury, N. C. Evidence 2d, § 138. Here, appellant contends that evidence as to the statements which the passing motorist made to the officers in defendant’s presence was competent, not to show the truth of the matters asserted in the statements, but rather to show defendant’s reactions to the statements. The record shows, however, that the deputy testified that “[a]s a
Appellant’s third assignment of error relates to a portion of the court’s instructions to the jury given in defining the term “greater weight of the evidence,” as it relates to the burden of proof. Appellant contends that the portion excepted to “appeared to instruct the jury to find that the plaintiff had not sufficiently met the burden of proof” and “could possibly be interpreted as an expression of opinion” in violation of G.S. 1-180. We do not agree. When read contextually, we think the charge correctly defined the term “greater weight of the evidence,” and that the jury could not have been in any way confused or misled into believing that the court had expressed an opinion as to the evidence in this case. Appellant’s third assignment of error is overruled.
Finally, appellant excepts to the court’s charge on the first issue, contending that in this portion of the charge the court failed adequately to apply the law to the evidence as to defendant’s willful and wanton conduct. We note, however, that in a subsequent portion of the charge the court did correctly define willful and wanton conduct and we do not think the jury could have been misled by the charge.
The evidence in this case was in sharp conflict. While plaintiff originally brought her action on the theory that she had been injured by defendant’s negligence, her evidence would show him guilty of a deliberate and criminal assault. Defend
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.