Molley v. James
Molley v. James
Opinion of the Court
This suit was brought by C. E. James, father of George Edward James, a minor, .and Vertís Wagner, guardian ad litem of said minor, against Mildred Brooks Molley .and husband, Joe Molley, Jr., for injuries received by said minor and damages to the father as a result of a collision between a motorcycle driven by the minor and an Oldsmobile station wagon driven by Mil- ■ dred Brooks Molley. The trial before a jury resulted in a judgment against Mildred Brooks Molley and her husband, Joe Mo-1- ' ley, Jr., for $7,500.00.
Mildred Brooks Molley and husband, Joe Molley, Jr., will be designated herein as appellants or by name. The plaintiffs below will be designated as appellees here or '.by name.
In response to special issues submitted to the jury, it found:
(a) That Mrs. Molley failed to keep her car under proper control just prior to the collision which was negligence and a proximate cause of the collision.
(b) That Mrs. Molley failed to give appropriate warning that she was going to stop her vehicle which was negligence and a proximate cause of the collision.
(c) That Mrs. Molley failed to keep a proper lookout which was a proximate cause of the collision.
(d) That Mrs. Molley stopped her automobile at a place other than an intersection which was negligence and a proximate cause of the collision.
(e) That George James suffered damages of $7,500.00 as a result of injuries caused by negligence of Mrs. Molley.
(f) That George James was not following Mrs. Molley’s automobile more closely than was reasonable and prudent.
(g) That George James did not fail to keep a proper lookout
(h) That George James did not fail to have his motorcycle under proper control.
(i) That it was not an unavoidable accident.
(j) That George James’ father, C. EL James, knew his said minor son did not have a license to drive the motorcycle; C. E. James was negligent in entrusting the motorcycle to his son knowing his son did not have a license to drive it.
Appellants’ first 41 of their 43 points of error urge there is no evidence, insufficient evidence or that the evidence is so contrary to the great weight and preponderance of the evidence as to be clearly wrong to support the jury’s findings set forth in (a), (b), (c), (d), (e), (f), (g), (h) hereinabove. There were only two witnesses to this collision — Mrs. Molley and the minor, George James. The jury believed George. There
George was injured in the collision and hospitalized. One of his legs was broken in four places. His left thumb was nearly torn from his hand. He was kept under sedation some three weeks while he was in the hospital, which could only mean that he was suffering pain. In the back of his leg the bone was pushed in such a manner that he is unable to squat down without suffering pain. Because of such pain he could not work in that position at the time of trial, some two years after the accident.
All of appellants’ “no evidence” points of error are overruled. Considering the entire record, and not just the evidence in favor of appellees, each and all of appellants’ points of error to the effect that the evidence is insufficient to support the jury’s findings above detailed are overruled. Further, appellants’ points of error urging that such findings of the jury in answer to such special issues are so contrary to the overwhelming weight and preponderance of the evidence as to be manifestly wrong are overruled.
Appellants’ points of error contending that the jury’s finding of damages in the sum of $7,500.00 is so excessive as to indicate that the jury was influenced by passion, prejudice or other improper motive is baseless and, accordingly, overruled. Likewise, appellants’ point of error contending such finding of $7,500.00 damages is excessive is overruled.
Judgment of the trial court affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.