Erwin v. Gold Kist, Inc.

Birdsong, Judge.

Appellant Erwin and appellee Osborne, an employee of appellee Gold Kist, were each driving vehicles in the same direction outside the city limits of Athens. The two vehicles were proceeding north on a four-lane, divided highway, Erwin in the curb lane and Osborne in the median lane. It is undisputed that Erwin attempted to make a left turn. Osborne contended that Erwin turned from the right (curb) lane into his (Osborne’s) path, through the left (median) lane and that he (Osborne) was unable to avoid striking Erwin in the left rear. Erwin on the other hand testified that he…