Summary
The Georgia Court of Appeals reviewed a grant of summary judgment in a motor vehicle collision case. The court held that genuine issues of material fact existed regarding the plaintiff's entry into the roadway and the defendant's alleged negligence in continuing to drive while blinded by sunlight. The judgment granting summary judgment was reversed.
Holdings
- Summary judgment for Holland was improper because genuine issues of material fact existed as to whether he negligently failed to slow down or stop after becoming blinded by the sun and unable to see the roadway ahead.
- The evidence did not conclusively establish that Jones violated his duty to yield because a jury could find that he properly entered the roadway after looking both ways and observing no approaching vehicles.
- A driver blinded by sunlight must exercise care and caution in maintaining a lookout commensurate with the increased danger, although the driver must be given sufficient time after sudden blindness to recognize the situation and stop.
Questions Presented
- Whether summary judgment was proper when the evidence created genuine issues of material fact as to whether Holland negligently continued driving while blinded by the sun.
- Whether the evidence created a jury question concerning Jones's compliance with the duty to yield when entering the roadway.
Disposition
reversed
Cases Cited (9)
- Johnson v. Omondi, 294 Ga. 74, 75-76, 751 S.E.2d 288 (2013)(followed)
- Georgia Dept. of Human Resources v. Bulbalia, 303 Ga. App. 659, 663 (2), 694 S.E.2d 115 (2010)(followed)
- Harrison v. Ellis, 199 Ga. App. 199, 201, 404 S.E.2d 348 (1991)(followed)
- Sprayberry v. Snow, 59 Ga. App. 744, 748, 1 S.E.2d 756 (1939)(followed)
- Sprayberry v. Snow, 190 Ga. 723, 10 S.E.2d 179 (1940)(noted)
- Brown v. Atlanta Gas Light Co., 96 Ga. App. 771, 775-776, 101 S.E.2d 603 (1957)(followed)
- Stanfield v. Smith, 152 Ga. App. 22 (1), 262 S.E.2d 216 (1979)(followed)
- Eatmon v. Weeks, 323 Ga. App. 578, 579, 746 S.E.2d 886 (2013)(followed)
- Young v. Kitchens, 228 Ga. App. 870, 874 (3), 492 S.E.2d 898 (1997)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…