Kicklighter v. Jones, 415 S.E.2d 302 (Ga. Ct. App. 1992). · Go Syfert
Kicklighter v. Jones, 415 S.E.2d 302 (Ga. Ct. App. 1992). Cases Citing This Book View Copy Cite
34 citation events (12 in the last 25 years) across 1 distinct court.
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Cited for
202 Ga. App. at 655 Determining whether evidence creates a jury question of fact5 citing caseswithout regard to conditions and consequences. [Cit.]’ [Cit.] This is, of course, a corollary of the principle of law that every driver of a motor vehicle must…opening of page *655 (no citing court says what it cites this page for)
  • Jason Slate v. Phyllis Turner, 922 S.E.2d 468 (Ga. Ct. App. 2025).published 3 cites
    See, e.g., Atlanta Coca-Cola Bottling Co. v. Jones, 236 Ga. 448, 450 ( 224 SE2d 25 ) (1976); Kennison v. Mayfield, 359 Ga. App. 52 , 70-71 (3) (b) ( 856 SE2d 738 ) (2021); Kicklighter v. Jones, 202 Ga. App. 654, 654-655 ( 415 SE2d 302 ) (1…
  • Thomas v. Baxter, 507 S.E.2d 766 (Ga. Ct. App. 1998).published
    Where (as here) plaintiff simply fails to prove [her] case, the direction of a verdict is proper.” (Citations and punctuation omitted.) Kicklighter v. Jones, 202 Ga. App. 654, 655 ( 415 SE2d 302 ) (1992).
  • Cannon v. Street, 469 S.E.2d 343 (Ga. Ct. App. 1996).published
    Street] could have avoided the collision after she saw or should have seen that [defendant] had entered into the intersection and was crossing [plaintiff’s] lane of traffic.” ’ Leonard v. Miller, 207 Ga. App. 602, 603 (2) ( 428 SE2d 646 )…
  • Morgan v. Braasch, 446 S.E.2d 746 (Ga. Ct. App. 1994).published
    Even if it is assumed that Braasch should have seen Morgan approaching, there is no evidence that she or anyone reasonably observing Morgan approach would have had any reason to anticipate that he was going to run the stop sign, nor is the…
  • Leonard v. Miller, 428 S.E.2d 646 (Ga. Ct. App. 1993).published
    “A review of the record demonstrates that appellant produced no evidence to authorize a finding that, in the exercise of ordinary care, appellee [Mrs. Miller] could have avoided the collision after she saw or should have seen that appellan…
202 Ga. App. at 654 “proceed at a reasonable speed even though he sees another vehicle approaching.”1 citing casethe opinion's own words at *654, quoted by 1 later opinions
  • Jason Slate v. Phyllis Turner, 922 S.E.2d 468 (Ga. Ct. App. 2025).published 3 cites
    See, e.g., Atlanta Coca-Cola Bottling Co. v. Jones, 236 Ga. 448, 450 ( 224 SE2d 25 ) (1976); Kennison v. Mayfield, 359 Ga. App. 52 , 70-71 (3) (b) ( 856 SE2d 738 ) (2021); Kicklighter v. Jones, 202 Ga. App. 654, 654-655 ( 415 SE2d 302 ) (1…
Retrieving the full opinion text from the archive…
Kicklighter
v.
Jones
A91A2001.
Court of Appeals of Georgia.
Jan 31, 1992.
Published opinion
415 S.E.2d 302
1992 Ga. App. LEXIS 145
John E. Pirkle, for appellant., Howard, Carswell & Bennett, Kenneth R. Carswell, for appellee.
Arnold, Beasley, Carley, Shulman.
Cited by 13 opinions  |  Published
Carley, Presiding Judge.

Seeking to recover for injuries that she had suffered in an automobile collision, appellant-plaintiff brought suit against appellee-defendant. At the jury trial, appellee successfully moved for a directed verdict at the close of appellant’s evidence. Appellant appeals from the judgment entered by the trial court on its grant of appellee’s motion.

The relevant facts are as follows: The collision occurred as appellant was crossing through an intersection and the side of her automobile was struck by the on-coming automobile that was being operated by appellee. At the intersection, it was appellant who had a stop sign and appellee who had the right-of-way and there is no evidence that, as appellee and appellant approached the intersection, they were not proceeding at a reasonable speed. Accordingly, it is not material that, as appellee was approaching the intersection, she did not slow or stop after seeing that appellant was also approaching the intersection. “A driver having the right of way at an intersection has the right to assume that others will obey the rule of the road and will yield the right of way to him ([cits.]), and he has the right to proceed at a reasonable speed even though he sees another vehicle approaching. [Cit.]” Meeks v. Johnson, 112 Ga. App. 760, 764 (146 SE2d 121) (1965). What would be material is whether appellee had an opportunity to avoid the collision after she saw or should have seen that appellant was entering into the intersection so as to cross appellee’s lane of traffic. “What a driver having the right of way cannot do is ‘test a known and obvious peril, and after it is or should be clearly apprehended that a collision is threatened or imminent, he cannot blindly and recklessly proceed[*655] without regard to conditions and consequences. [Cit.]’ [Cit.] This is, of course, a corollary of the principle of law that every driver of a motor vehicle must exercise ordinary care in the control, speed and movements of his vehicle to avoid a collision after he sees or by ordinary diligence could have seen that one is threatened by the active negligence of another. [Cit.]” Meeks v. Johnson, supra at 764-765.

Decided January 31, 1992. John E. Pirkle, for appellant. Howard, Carswell & Bennett, Kenneth R. Carswell, for appellee.

A review of the record demonstrates that appellant produced no evidence to authorize a finding that, in the exercise of ordinary care, appellee could have avoided the collision after she saw or should have seen that appellant had entered into the intersection and was crossing appellee’s lane of traffic. Accordingly, the trial court correctly granted appellee’s motion for a directed verdict. “ ‘ “Negligence is not to be presumed, but is a matter for affirmative proof. In the absence of affirmative proof of negligence, we must presume performance of duty and freedom from negligence.” [Cit.] “Where (as here) plaintiff simply fails to prove his case, the direction of a verdict is proper.” [Cit.]’ [Cits.]” Neal v. Miller, 194 Ga. App. 231, 232-233 (390 SE2d 125) (1990).

Judgment affirmed.

Beasley, J., and Judge Arnold Shulman concur.