Earlier this month, an appellate court issued a written opinion in a Georgia car accident case involving a plaintiff’s conflicting testimony and the effect it should be given. Ultimately, the court concluded that neither of the plaintiff’s statements should be accepted on its face by the court, and the case should be submitted to a jury so that it can resolve the factual issues involved.
The Facts of the Case
The case arose in the wake of a car accident involving the plaintiff and an uninsured motorist. Following the accident, the plaintiff filed a personal injury case against the other motorist. The plaintiff’s father had several policies with the defendant insurance company, each of which provided coverage for accidents involving uninsured motorists. Thus, the plaintiff named her father’s insurance company as a defendant in the case as well.
Before the case reached trial, the plaintiff provided answers to several questions posed by the insurance company. One of the questions asked who lived with the plaintiff, and she responded that she lived with her three children. When asked, she explained that her father lived across the street.