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Sherman v. Keith

December 18, 1998

DOLORES SHERMAN APPELLANT
v.
LAURA BETH KEITH APPELLEE



Before McMILLIN, P.j., Payne, And Southwick, JJ.

The opinion of the court was delivered by: Payne, J.

DATE OF JUDGMENT: 06/10/97

TRIAL JUDGE: HON. KOSTA N. VLAHOS

COURT FROM WHICH APPEALED: HANCOCK COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - PERSONAL INJURY

TRIAL COURT DISPOSITION: NEGLIGENCE ACTION DISMISSED

DISPOSITION: AFFIRMED - 12/18/1998

PROCEDURAL HISTORY

¶1. Dolores Sherman initiated this negligence action against Laura Beth Keith on December 18, 1995. This lawsuit stemmed from an auto collision that occurred on August 26, 1995.

¶2. A jury trial was held on June 5-6, 1997. The jury reached a verdict in favor of Keith. On June 10, 1997, the court entered a final judgment in favor of Keith and dismissed the action.

¶3. Feeling aggrieved by the jury's verdict, Sherman filed a JNOV and alternatively for a new trial. The trial court denied the motions and entered its order September 8, 1997. Feeling further aggrieved, Sherman filed her notice of appeal on September 24, 1997.

FACTS

¶4. A traffic accident occurred when cars driven by Norman Hoda and Laura Keith collided. Dolores Sherman was Hoda's passenger and was on her way to pick up a free sandwich from Casino Magic when the untimely accident occurred.

ΒΆ5. Several witnesses testified, giving conflicting accounts of what occurred. Keith testified that she was in the process of completing her stop at the stop sign, at the same time observing both directions for traffic, when she was hit by Hoda's car. Hoda's vehicle, she claims, "swiped the front-end of my vehicle." Commenting further on the incident, ...


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