Deible v. Poole

OPINION

GARRARD, Judge.

Kathleen Deible (“Deible”) appeals the trial court’s denial of her motion to correct error, claiming the trial court abused its discretion when it did not order a new trial.

We reverse and remand for a new trial.

FACTS

While stopped at a stop light on January 7, 1989, Deible was struck from behind by a ear driven by Steven Poole (“Poole”). At the time of the accident, Poole was not wearing his glasses as required by his driver’s license and was not looking at the road. The rear passenger side fender on Deible’s car was damaged in the collision and Deible began to feel pain…