BEFORE HAWKINS, P.J., DAN LEE AND ANDERSON, JJ.
HAWKINS, PRESIDING JUSTICE, FOR THE COURT:
Dorothy White appeals from a jury verdict in favor of Ruby Mae Miller in the circuit court of the First Judicial
District of Hinds County, in which White sued Miller for driving her car into the rear of a car in which White was a passenger. We find from the facts of this case that Miller was negligent as a matter of law, and reverse.
Terry Road in Jackson was a four-lane street. Late Sunday afternoon between 5:00 and 5:30 on December 30, 1984, as it was just getting dark, Mrs. Dorothy White was riding as a passenger in her 1977 Mercury being driven by her husband Harold. The weather was clear and dry.
White stopped the car in order to permit a preceding vehicle to turn off the street. While the White vehicle was stopped, it was struck from the rear by a 1980 Pontiac being driven by Miss Ruby Mae Miller.
Miller's version of the accident was that she had borrowed her brother Eugene's car and was driving it to her residence. She had gotten onto Terry Road at the Chestnut Drive-Terry Road merger, and the accident occurred between Treehaven Street intersection and the Dixie Gas station. She did not know her speed, but testified she was moving with the traffic flow, and that the speed limit was 40 miles per hour. Her headlights were on.
Miller further testified she was driving about one car length behind the White vehicle when a truck in front of the White vehicle turned into the Dixie Gas Station (on the right side of the street in the direction in which the vehicles were headed), that the brake lights on the White vehicle lit, and it suddenly stopped. Miller hit her brakes but could not stop her car before it ran into the rear of the White vehicle. There were no skid marks.
White testified she and her husband were returning home from fishing and headed South on Terry Road. She said a car ahead of them going in the same direction stopped to make a left turn off Terry Road, and while her car was stopped to permit the car ahead to make the left turn, it was struck from the rear by the Miller car. She testified they had been stopped a half minute or more when her car was struck by the Miller car.
Both cars were traveling in the inner, or center lane of the southbound traffic. The impact caused very little damage to either car.
Following the trial the circuit judge refused to
instruct the jury that Miller was negligent as a matter of law. The jury returned a verdict for the defendant, and White appeals.
There is but one issue on this appeal. Was White entitled to a peremptory instruction ...