Payne v. Joyner

Beasley, Judge.

Payne, who was not wearing a seat belt and was injured upon falling from an open jeep when Joyner swerved to avoid another vehicle at an intersection, appeals the denial of her motion for new trial.

Viewed in favor of the verdict, the evidence showed the following. The accident occurred on May 26, 1985 near midnight. Payne consumed four beers between 9:30 and 10:30 p.m. while at a local restaurant with four friends. She then drove her friend’s car to another restaurant because she believed the friend too inebriated to safely drive. Payne wore her seat belt. Payne called Joyner,…