Lucille B. Motley v. Tarmac America, Inc.

Plaintiff, Lucille B. Motley, filed her motion for judgment against James N. Mobley, Tarmac Mid-Atlantic, Inc., and Tarmac America, Inc. She alleged that Mobley, while acting within the scope of his employment, negligently operated a truck, and that his negligence was a proximate cause of her injuries. The plaintiff was driving a car in a westerly direction on a four lane street, two lanes extending in an easterly direction and two lanes extending in a westerly direction. Plaintiff claimed that as she was driving her car, a white vehicle "whipped over in front" of her, and she swerved her car to the left to avoid it. The plaintiff, who was driving approximately 25 m.p.h., lost control of her car and traveled across the two lanes of eastbound traffic, "slammed into a wall," "bounced back onto the street," and injured a pedestrian. The plaintiff was unable to identify the white vehicle that entered her lane of travel. However, other witnesses testified that Defendant's vehicle was the white vehicle in question. Mobley, who was present during the entire trial, testified that his truck was not involved in the accident and he operated his truck in the "right lane all the time."

Defendant's Verdict

Unknown

Unknown

The Supreme Court of Virginia reversed and remanded for a new trial finding that the driver of the vehicle was not an agent or employee of Tarmac America, Inc., and therefore should have been a sequestered witness at trial. See 516 S.E.2d 7 (Va. 1999). Note that the above cited date is the date of the appellate decision and not the trial date. Reported by C.H. Processed J.F.