Polk v. Greer

OPINION

LAMBERT, Judge.

William Polk appeals from the trial court’s order denying his motion for a new trial. For the reasons stated herein, we reverse.

Background

This action is a traffic-collision case turning on which party had the right of way. As the right-of-way question itself turns on a disputed traffic control signal, the ultimate outcome of the case hinges on witness credibility. In the court below, William Polk testified the traffic light was in his favor and, therefore, that Carl Greer, the driver of the other car, was responsible for the collision. In contrast, both Greer and Greer’s…