Clemmons v. Smith

Barnes, Judge.

Joseph Clemmons appeals a defense verdict in favor of Nickie Smith, whom Clemmons sued for injuries he received when he jumped from a bridge to avoid being hit by a car. Clemmons contends the trial court erred in excluding collateral source evidence, in charging the jury on assumption of the risk, and in refusing to charge the jury on the driver’s duty to maintain a proper lookout. For the following reasons, we affirm.

Viewed in the light most favorable to support the jury’s verdict, the evidence shows that at about 8:45 a.m. on March 21, 1997, Clemmons was driving along Highway…