![]() On appeal, the plaintiff argued that the trial court erred in excluding evidence of the bus driver’s traffic citation and bond forfeiture. After the trial, the jury returned a verdict favorable to MARTA, and the plaintiff appealed the verdict. Prior to trial, the defendants made a motion in limine, which sought to exclude any reference to the citation during trial. In addition, MARTA conducted its own investigation of the crash, and the driver signed a report that acknowledged that the accident was “preventable.” The plaintiff sustained injuries as a result of the crash and brought suit against MARTA and the bus driver. ![]() The bus driver paid the citation without appearing in traffic court, resulting in forfeiture of bond. After the collisions, the police told the bus driver he was free to go but then later requested that he return to the scene of the accident, where the bus driver was issued a traffic citation for improperly changing lanes. The collision caused the other vehicle to travel into incoming traffic, where it was struck by the SUV in which the plaintiff was traveling. The driver of the bus hit a different vehicle while attempting to change lanes on North Druid Hills Road. The plaintiff in this case was a passenger in an SUV being operated by another person. Atlanta Rapid Transit Auth., the Georgia Court of Appeals recently reversed a trial court for improperly excluding evidence of a MARTA bus driver’s admission of liability for an auto accident.Īs noted above, Agic arose from a motor vehicle accident involving a MARTA bus and two other vehicles. Although trial courts have considerable discretion in making such evidentiary determinations, their rulings, given the potential impact, are not immune from appellate review. Admissions of liability can have considerable influence on juries, so determinations regarding which evidence may properly be considered an admission are often hotly contested. Under Georgia law, a defendant’s admission of liability may be presented as evidence in a negligence case.
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